2018 QCCA 441, 2018 QCCA 441

Al Nahawi c. R. 2018 QCCA 441 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006171-167, 500-10-006172-165 (500-73-004244-154) MINUTES OF THE HEARING DATE: MARCH 19, 2018 CORAM: THE HONOURABLE FRANÇOIS DOYON , J.A. MANON SAVARD , J.A. ROBERT M. MAINVILLE , J.A. N o : 500-10-006171-167 APPELLANT COUNSEL LINA AL NAHAWI Mtre MARIE-HÉLÈNE GIROUX (Monterosso Giroux Lamoureux Avocats) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre GILLES VILLENEUVE (Service des poursuites pénales du Canada) N o : 500-10-006172-165 APPELLANT COUNSEL HANIAH QADORAH Mtre MARIE-HÉLÈNE GIROUX (Monterosso Giroux Lamoureux Avocats) RESPONDENT COUNSEL

HER MAJESTY THE QUEEN Mtre GILLES VILLENEUVE (Service des poursuites pénales du Canada) 500-10-006171-167 On appeal from a judgment rendered on May 13, 2016 by the Honourable Justice Serge Boisvert of the Court of Quebec, District of Montreal. Motion for authorization to adduce fresh evidence. 500-10-006172-165 On appeal from a judgment rendered on May 13, 2016 by the Honourable Justice Serge Boisvert of the Court of Quebec, District of Montreal. Motion for authorization to adduce fresh evidence. NATURE OF THE APPEAL : 500-10-006171-167, 500-10-006172-165 Guilty verdict – fresh evidence – incompetence of trial counsel Clerk: Ermioni Tomaras Courtroom: Antonio-Lamer

HEARING 9:30 Commencement of the hearing. Identification of counsel. Justice Doyon discusses the management of the roll call for the day. Recess of the hearing. 10:10 Resumption of the hearing. Mtre Giroux is absent from the courtroom. Recess of the hearing. 10:31 Resumption of the hearing. Mtre Giroux explains to the Court why she was absent from the courtroom when it was her turn to plead her cases. Justice Doyon notes that, at 9:30, he had informed the parties of the management of the roll call for the day.

Exchanges between the Court and Mtre Giroux. 10:33 Submissions by Mtre Giroux. 11:02 Recess of the hearing. 11:22 Resumption of the hearing. Submissions by Mtre Villeneuve. 11:24 Recess of the hearing. 11:34 Resumption of the hearing. BY THE COURT: unanimous judgment – see page 3. Conclusion of the hearing. (

s) Ermioni Tomaras Clerk BY THE COURT JUDGMENT [ 1 ] All the motions to adduce fresh evidence are granted. [ 2 ] Both appellants pleaded guilty with the assistance of counsel, who acted, in all respects, in conformity with the mandate which had been given to him. [ 3 ] Taking into account all the circumstances, the appellants have not met their burden of convincing the Court that their pleas were either uninformed or involuntary. FOR THESE REASONS, THE COURT: [ 4 ] GRANTS all motions to adduce fresh evidence; [ 5 ] DISMISSES both appeals.

FRANÇOIS DOYON, J.A. MANON SAVARD, J.A. ROBERT M. MAINVILLE, J.A.