2021 QCCA 246, 2021 QCCA 246

Shukr c. R. 2021 QCCA 246 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007327-206 , 500-10-007484-213 ( 500-01-172225-184 ) MINUTES OF THE HEARING THE PUBLICATION BAN IS STILL IN FORCE ON ANY INFORMATION THAT COULD IDENTIFY THE VICTIMS (S. 486.4. CR.C. ). DATE : February 12, 2021 THE HONOURABLE BENOÎT MOORE, J.A.

APPLICANT COUNSEL Samir Shukr Mtre MAXIME RAYMOND ( Boro Frigon Gordon Jones ) By videoconference RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre ROBERT BENOIT ( Director of Criminal and Penal Prosecutions ) By videoconference DESCRIPTION: 500-10-007327-206 Motion to extend the time for appeal ( Section 678(2) of the Criminal Code ). Motion for leave to appeal from a conviction on grounds that involve questions of fact and of law ( Section 675(1) (

a) of the Criminal Code ). Motion to extend the time for appeal ( Section 678(2) of the Criminal Code ). Amended motion for leave to appeal from a conviction on grounds that involve questions of fact and of law ( Section 675(1) (

a) of the Criminal Code ).

500-10-007484-213 Motion for leave to appeal from a sentence imposed on January 7, 2021 by the Honourable Louise Provost of the Court of Québec, Criminal Division , District of Montreal (Section 687 of the Criminal Code ). Clerk at the hearing : Anne Dumont Courtroom: RC-18 HEARING 9:48 Commencement of the hearing. Preliminary remarks by the judge. 9:49 Comments by Mtre Raymond. Discussions between the judge and Mtre Raymond. 9:50 Comments by Mtre Benoit. Mtre Benoit has no objection to the motion to extend the time for appeal and to the motion for leave to appeal from a conviction.

As for the motion for leave to appeal from a sentence, Mtre Benoit leaves it to the discretion of the Court. 9:51 Discussions between the judge and the parties. 9:52 BY THE JUDGE : Judgment – see page 4. 9:53 Conclusion of the hearing. Anne Dumont, Clerk at the hearing JUDGMENT THE PUBLICATION BAN IS STILL IN FORCE ON ANY INFORMATION THAT COULD IDENTIFY THE VICTIMS (S. 486.4. CR.C. ). FILE 500-10-007327-206 [ 1 ] The applicant seeks to appeal a judgment of the Court of Québec, District of Montreal, dated March 4, 2020 (the Honourable Louise Provost), which found him guilty of one count of sexual assault under

section 271 (

a) of the Criminal Code . [ 2 ] In this context, I am seized of a Motion to extend the time for appeal under section 678(2) Cr.C . as well as an Amended Motion for leave to appeal from a conviction on grounds that involve questions of fact and of law. • Motion to extend the time for appeal [ 3 ] Given the grounds alleged in the motion; [ 4 ] Given that the Crown does not oppose the motion; [ 5 ] Given the circumstances; [ 6 ] Given that the criteria in R. v. Roberge [1] have been met; FOR THESE REASONS, THE UNDERSIGNED:

[ 7 ] GRANTS the Motion to extend the time for appeal; [ 8 ] EXTENDS the time to appeal the judgment rendered on March 4, 2020 by the Honourable Louise Provost, J.C.Q. in file 500- 01-172225-184; [ 9 ] ALLOWS the filing of the applicant’s notice of appeal served on the respondent and this Court on January 13, 2021; [ 10 ] AUTHORIZES the applicant to appeal the judgment rendered on March 4, 2020 by the Honourable Louise Provost, J.C.Q. in file 500-01-172225-184; • Amended Motion for leave to appeal from a conviction on grounds that involve questions of fact and of law [ 11 ] Given the motion; [ 12 ] Given that the Crown does not oppose the motion; FOR THESE REASONS, THE UNDERSIGNED: [ 13 ] GRANTS the Amended Motion for leave to appeal from a conviction on grounds that involve questions of fact and of law; FILE 500-10-007484-213 [ 14 ] The appellant also seeks to appeal the sentencing judgment rendered in this file by the Court of Québec, District of Montreal, on January 7, 2021 (the Honourable Louise Provost); [ 15 ] Given the motion; [ 16 ] Given that the Crown does not oppose the motion; [ 17 ] Given the appeal of the conviction; FOR THESE REASONS, THE UNDERSIGNED: [ 18 ] REFERS the Motion for leave to appeal from a sentence to the panel that will be seized of the appeal on the merits; BENOÎT MOORE, J.A.