2023 QCCA 154, 2023 QCCA 154

Khan c. R. 2023 QCCA 154 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007522-210 , 500-10-007760-224 ( 500-01-186636-194 ) (500-01-201958-201 ) (500-01-201959-209) MINUTES OF THE HEARING Caution: An order restricting publication under

section 486.4 Cr.C . was rendered in first instance directing that any information that could identify the complainant shall not be published in any document or broadcast or transmitted in any way. DATE: January 23, 2023 CORAM: THE HONOURABLE JULIE DUTIL, J.A. MARTIN VAUCLAIR, J.A. MICHEL BEAUPRÉ, J.A. No.: 500-10-007522-210 APPELLANT Shahid Hafeez Khan Unrepresented RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre MATHIEU LOCAS ( Director of Criminal and Penal Prosecutions ) No.: 500-10-007760-224 APPLICANT COUNSEL Shahid Hafeez Khan Mtre Christian Kénol RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre MATHIEU LOCAS ( Director of Criminal and Penal Prosecutions )

DESCRIPTION: 500-10-007522-210 Appeal placed on a special roll pursuant to

section 75 of the Rules of the Court of Appeal of Quebec in Criminal Matters. 500-10-007760-224 Appeal placed on a special roll pursuant to

section 75 of the Rules of the Court of Appeal of Quebec in Criminal Matters. Clerk at the hearing : René Gutknecht Courtroom: Pierre-Basile-Mignault HEARING 9:45 Commencement of the hearing. Identification of counsel. Mtre Maribel Morais will be representing Mr. Khan at today’s hearing in file 500- 10-007522-210.

Submissions of Mtre Morais. 9:46 Discussion between the Court and Mtre Morais about the delay in the transcription and the chronology. 9:48 Mtre Morais resumed presenting her submissions and informed the Court that the office of the Court is working on the December 2021 transcription. 9:49 Mtre Morais informed the Court that the transcription will not likely be ready before May 2023. Discussion between the Court and Mtre Morais about the delay and the trial. 9:50 Discussion between the Court and Mtre Locas about the length of the trial. Discussion between the Court and Mtre Morais about the transcription.

Mtre Morais informed the Court that the transcription of the trial and the judgment on the verdict are available but not the exhibits. 9:51 Discussion between the Court and Mtre Morais about a date for filing the brief. 9:53 Discussion between the Court and Mtre Kénol about the delay for the transcription of the five days of the sentencing hearing, one full day and four half-days. 9:54 Discussion between the Court and Mtre Kénol about the brief in file 500-10- 007522-210. 9:56 BY THE COURT: Judgment – see page 5.

The Court asked counsel to prepare a plan for the brief in file 500-10-007760-224. 9:57 Mtre Morais resumed presenting her submissions. 9:58 Discussion between the Court and Mtre Locas. Mtre Locas offered to look into the exhibits. Discussion between the Court, Mtre Morais and Mtre Kénol about the progress of the files. 10:00 Comments by Mtre Locas about Mtre Kénol’s application to cease representing. 10:01 Discussion between the Court and Mtre Kénol. The Court informed Mtre Kénol that the files must be prepared, whether or not a lawyer is representing Mr. Khan. 10:02 Conclusion of the hearing.

René Gutknecht, Clerk at the hearing

JUDGMENT [ 1 ] Considering the explanation for the delays provided by the parties at the hearing; FOR THESE REASONS, THE COURT: [ 2 ] TAKES NOTE that the transcriptions in file 500-10-007522-210 are available to the appellant and his counsel; [ 3 ] TAKES NOTE that the preparation of the brief in file 500-10-007522-210 should start before the next hearing before the Court; [ 4 ] FIXES the files on the special roll of February 20, 2023, at 9:30 a.m., in the Pierre-Basile-Mignault Courtroom. JULIE DUTIL, J.A. MARTIN VAUCLAIR, J.A. MICHEL BEAUPRÉ, J.A.