2023 QCCA 1644, 2023 QCCA 1644

Khan c. R. 2023 QCCA 1644 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007522-210 , 510-10-007760-224 ( 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 was rendered in first instance directing that any information that could identify the complainant shall not be published in any document or broadcast or transmitted in any way.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: June 12, 2023 CORAM: THE HONOURABLE GENEVIÈVE MARCOTTE, J.A. MARIE-JOSÉE HOGUE, J.A. BENOÎT MOORE, J.A. No.: 500-10-007522-210 APPELLANT Shahid Hafeez Khan Unrepresented RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre Bruno Ménard ( Director of Criminal and Penal Prosecutions ) No.: 510-10-007760-224 APPLICANT Shahid Hafeez Khan Unrepresented RESPONDENT COUNSEL

HIS MAJESTY THE KING Mtre Bruno Ménard ( Director of Criminal and Penal Prosecutions ) DESCRIPTION: 500-10-007522-210 , 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 9:25 Commencement of the hearing. Identification of counsel. 9:26 Discussion between the Court and Mr. Khan (delay and transcript). 9:30 Discussion between the Court and Mr. Khan (date for filing brief). 9:32 Submissions by Mtre Ménard. 9:33 Discussion between the Court and Mtre Ménard (date for filing brief). 9:35 Discussion between the Court and Mr. Khan. Observation by Mtre Ménard. 9:36 Discussion between the Court and Mr.

Khan. 9:37 BY THE COURT: Judgment – see page 3. 9:38 Conclusion of the hearing.

René Gutknecht, Clerk at the hearing JUDGMENT [ 1 ] Given the appellant’s representations that the transcripts are now available for both his appeal on the verdict as well as the appeal of his sentence. [ 2 ] Given that the appellant has found a new attorney who is willing to represent him in both matters. [ 3 ] Given that a timeline must be set for the filing of the briefs. [ 4 ] Given the appellant’s representations and the respondent’s consent to the period requested by the appellant, on the understanding that the filing date must be respected by the appellant, whether or not he is assisted by a new attorney.

FOR THESE REASONS, THE COURT: For file 500-10-007522-210 [ 5 ] ORDERS the appellant to file with the Court office, no later than October 3, 2023 , five copies of a brief comprising an argument not exceeding 30 pages and the three schedules set out in

section 39 R.C.A.Q.C.M. , after having notified a copy thereof to the parties having filed a representation or non-representation statement (s. 42 para. 1 R.C.A.Q.C.M .); [ 6 ] ORDERS the respondent to file with the Court office, no later than December 5, 2023 , five copies of a brief comprising an

argument not exceeding 30 pages and, if necessary, elements in addition to those in the appellant’s schedules (s. 39 R.C.A.Q.C.M. ), after having notified a copy thereof to the appellant and to the parties having filed a representation or non-representation statement (s. 42 para. 2 R.C.A.Q.C.M. ); For file 500-10-007760-224 [ 7 ] ORDERS the applicant, after notification to the respondent, to file with the Office of the Court, no later than October 3, 2023 , five copies of the documents mentioned in

section 60 R.C.A.Q.C.M . and, if applicable, an argument of no more than 10 pages ; [ 8 ] ORDERS the respondent, after notification to the applicant, to file with the Office of the Court, no later than December 5, 2023 , five copies of an argument of no more than 10 pages ; For files 500-10-007522-210 & 500-10-007760-224 [ 9 ] ORDERS the parties, in accordance with sections 18 and 60 R.C.A.Q.C.M . , to file their argument drafted on good quality white letter paper (21.5 cm by 28 cm) with at least one and one-half spaces between the lines (except for quotations, which shall be single- spaced and indented).

The typeface shall be 12-point Arial font for the entire text. Exceptionally, 11-point Arial font may be used for quotations and 10-point Arial font may be used for footnotes. The margins shall be no less than 2.5 cm. The text shall be reproduced on one side only of each sheet; [ 10 ] ORDERS that the documents filed include a cover page and a table of contents with pages numbered consecutively; [ 11 ] ALLOWS the respondent, as provided by the second paragraph of

section 60 R.C.A.Q.C.M . , to notify the duly completed questionnaire to the applicant and file five copies of the questionnaire with the Office of the Court, no later than 21 days before the date of the hearing of the motion for leave or the appeal; [ 12 ] ORDERS the parties to attach a technological version as a USB key to each copy of their documents filed in lieu of the brief. This version must permit keyword searches and include hyperlinks from the table of contents to the documents filed in lieu of the brief and from the argument to the schedules.

The USB key shall be identified in the same matter as a pleading (s. 12 R.C.A.Q.C.M . ) ; [ 13 ] REMINDS the parties that they may notify and file a book of authorities with the Office of the Court at least 30 days before the hearing (s. 46 R.C.A.Q.C.M. ). The book of authorities shall be prepared in accordance with

section 44 R.C.A.Q.C.M . [ 14 ] FIXES the two files on the special roll of November 13, 2023, at 9:30 in Pierre-Basile Mignault Courtroom. GENEVIÈVE MARCOTTE, J.A. MARIE-JOSÉE HOGUE, J.A. BENOÎT MOORE, J.A.