2022 QCCA 702, 2022 QCCA 702

Choucair c. R. 2022 QCCA 702 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007754-227 ( 550-01-111094-191 ) MINUTES OF HEARING DATE: May 13, 2022 THE HONOURABLE GUY COURNOYER, J.A. APPELLANT COUNSEL Nayef Choucair Mtre Gabriel Babineau ( DESJARDINS CÔTÉ ) By videoconference RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre Isabelle Michaud ( Director of criminal and penal prosecutions ) By videoconference DESCRIPTION: Motion to modify the conditions of a release order (Section 679 Cr.c. ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 9:33 Commencement of the hearing.

Identification of counsel. The motion is not contested by the Crown. Exchanges between the parties concerning an amendment to the conditions for release. 9:37 BY THE COURT: Judgment – see page 3. 9:37 Conclusion of the hearing.

Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] Upon the joint submissions of the parties to modify the conditions of the petitioner’s release. THEREFORE, THE UNDERSIGNED: [ 2 ] GRANTS the motion of the appellant to modify the conditions of a release order; [ 3 ] ORDERS the appellant’s release from custody on the following conditions : 1) Acknowledge the following conditions are meant to mirror Mr. Choucair’s Ottawa release order, 2) Reside with his surety, Ms.

Jennifer Band, at [...], Braeside ON, Ontario and abide to the rules and regulations of Ms.Jennifer Band ; 3) Do not change his address without the permission of the Quebec Court of Appeal ; 4) Remain in his residence daily between the hours of 9:00 p.m. and 6:00 a.m.

EXCEPT: • for medical emergencies involving you or a member of your immediate family (spouse, child, parent, sibling); • for purposes of travelling directly to, from and while at court appearances, or meeting with your lawyer, or for purposes of complying with this order or any other court Order; • when you are in the presence of one of your sureties: Ms. Jennifer Band or Ms. Victoria Choukair. 5) Do not leave the property at [...], Braeside ON, EXCEPT in the presence of one of your sureties after having notified Recovery Science Corporation in advance ; 6) Do not leave the area bounded by: a.

Ottawa River to the north; b. Hwy 22/Galetta Side Road, to Hwy 20/Waba Road, to Hwy 23/Highland Rd. to Hwy 2/White Lake Rd to the east; c. Hwy 52/Burnstown Rd. to the south; and d. Hwy 20/Bruce St/Castleford Rd. to the west. EXCEPT for the purposes of meeting with legal counsel or to attend court appearances and then only in the presence of one of your sureties; 7) Do not have any visitors at [...], Braeside ON, other than Maha El-Bairam, Mariam Zeitoun and Amal Choukair, EXCEPT with the written and dated approval of Jennifer Band, with Jennifer Band present during the visit;

8) Do not discuss your case or criminal charges with Amal Choukair; 9) Do not have any communication directly or indirectly by any means with Kamil CHOUKAIR (DOB 1990-05-18) or Ali CHOUKAIR (1968-12-20); 10) Do not enter the City of Ottawa except while in the presence of one of his sureties (Ms. Jennifer Band, Ms.

Victoria Choukair, or Maha El-Bairam) for meetings with his lawyer or to travel to and from court appearances and only after providing notice to Recovery Science in advance; 11) Do not be in the presence of anyone known to him to have a criminal record; 12) Do not possess: • a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all those things until dealt with according to the law ( s. 515(4.1) of the Criminal Code ); • any weapon(

s) as defined by the Criminal Code (for example, but restricted to, a pellet gun, firearm, imitation firearm, cross-bow, prohibited or restricted weapon or device, ammunition or explosive substance or anything designed to be used or intended for use to cause death or injury or to threaten or intimidate any person); • or any imitation of the above. 13) Do not possess or consume any unlawful drugs or substances (referred to in the Controlled Drugs and Substances Act) except with a valid prescription in your name; 14) Do not possess or consume any alcohol; 15) Do not contact any person objected to by Ms.

Jennifer Band; 16) Comply with Recovery Science Corporations’s terms; 17) Be released to his sureties, either Ms. Jennifer Band, Ms.

Victoria Choukair or Maha El-Bairam and travel directly to [...], Braeside ON and remain there until Recover Science agents attend the residences to install his GPS monitoring device; 18) Promise to pay $10,000 to the Court of Appeal for Quebec if he fails to comply with this release order; 19) Obtain that his sureties, Jennifer Band and Victoria Choukair, promise to pay $10,000 and $1,000 respectfully to the Court of Appeal for Quebec if they fail to comply with their obligations as sureties. [ 4 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose.

GUY COURNOYER, J.A.