2017 QCCA 1413, 2017 QCCA 1413

O'Reilly c. R. 2017 QCCA 1413 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005612-146 (500-01-002508-080 SEQ. ACC. 010) MINUTES OF THE HEARING DATE: September 20, 2017 THE HONOURABLE ALLAN R. HILTON, J.A. PETITIONER COUNSEL GERALD O’REILLY Mtre FRANCIS VILLENEUVE-MÉNARD (Absent) Mtre ISABEL J. SCHURMAN, Ad. E. (Absent) (Schurman Longo Grenier) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre isabelle doray ( Absent ) (Directrice des poursuites criminelles et pénales) DESCRIPTION: Motion for release pending determination of appeal before the Supreme Court. (Sections 679(1)

c) Cr.C. and 53(3) R.C.A.C.

M) Clerk: Mihary Andrianaivo Courtroom: RC.18

HEARING 9:30 Commencement of the hearing. The motion is not contested and Counsel have been excused from appearing in Court, today. BY THE JUDGE: Judgment – See page 3. End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] The materials before me and the absence of contestation lead me to conclude that the petitioner’s motion with the agreed upon conditions below should be granted. THEREFORE, THE UNDERSIGNED: [ 2 ] GRANTS the petitioner's motion; [ 3 ] ORDERS the petitioner's release from custody on the following conditions: I.

A recognizance in the amount of $300,000, without deposit, by a third party, Mr. Kevin O'Reilly, as a guarantee that the petitioner will comply with the conditions set out hereinafter; II. The petitioner shall keep the peace, be of good behaviour and attend court whenever required; III. The petitioner shall reside at […], Beaconsfield, Quebec, […] and not change address without the prior permission of this Court or one of its judges; IV. The petitioner shall not leave the Province of Quebec; V.

The petitioner shall surrender his passport to the Registry of the Court of Quebec, Criminal and Penal Division, District of Montreal, before being released, and not retrieve it or attempt to obtain another passport or any other travel document; he shall also abstain from having in his possession a passport or any other travel document; VI. The petitioner shall abstain from communicating in any manner with persons whom he knows to have a criminal record relating to fraud or cigarettes smuggling, or be in the presence of such persons, with the exception of Pierre Morel; VII.

The petitioner shall abstain from being at the workplace of Robin Thibault or communicating in any manner with him or being in his presence; VIII. The petitioner shall abstain from communicating with his former co​ accused and co-appellants, except Gail Côté, Pierre Morel and Louis Moreau, and except in the presence of their attorneys for the purpose of preparing their appeals or for legitimate work or business purposes; IX.

As of September 27, 2017, the petitioner shall report to the Sûreté du Québec (1701, Parthenais Street, Montréal), every two weeks, on Wednesday, between 9 am and 5 pm, and sign the register, this condition being suspended when a Wednesday coincides with a statutory holiday; X. The petitioner shall refrain from using, carrying or having in his possession any firearms or weapons of any sort; XI.

The petitioner shall surrender himself into the custody of the Centre de détention de Rivières-des-Prairies (11900, avenue Armand-Chaput, Montréal QC H1C 1S7) within 24 hours of the judgment of the Supreme Court of Canada dismissing his leave

application or his appeal or within any delay prescribed by this Court at any time; XII. Should the petitioner discontinue his appeal, he shall immediately surrender himself into the custody of the Centre de détention de Rivières-des-Prairies. XIII. Before being released, the petitioner shall sign an undertaking containing these conditions before a justice of the peace assigned to such matters. ALLAN R. HILTON , J.A.