2020 QCCA 662, 2020 QCCA 662

R.W. c. R. 2020 QCCA 662 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007000-191 , 500-10-007333-204 ( 500-01-138854-168 ) MINUTES OF THE HEARING THIS JUDGMENT IS PROTECTED BY AN ORDER UNDER

SECTION 486.4 OF THE CRIMINAL CODE RESTRICTING THE PUBLICATION OF ANY INFORMATION THAT COULD IDENTIFY THE VICTIMS. DATE : May 22, 2020 THE HONOURABLE GENEVIÈVE COTNAM, J.A. No: 500-10-007000-191 APPLICANT COUNSEL R... W... Mtre Catherine Soucy By videoconference RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre WILLIAM LEMAY ( Director of Criminal and Penal Prosecutions ) By conference call No: 500-10-007333-204 APPLICANT COUNSEL R... W... Mtre Catherine Soucy By videoconference RESPONDENT COUNSEL

HER MAJESTY THE QUEEN Mtre WILLIAM LEMAY ( Director of Criminal and Penal Prosecutions ) By conference call 500-10-007000-191, 500-10-007333-204 On appeal from a judgment rendered on April 20, 2020 by the Honourable Guylaine Rivest of the Court of Québec, Criminal Division , District of Montréal . DESCRIPTION: 500-10-007000-191 Motion for release from prison ( Section 679(1) of the Criminal Code ). 500-10-007333-204 Motion for leave to appeal from a sentence ( Section 675(1)

b) of the Criminal Code ). Amended motion for suspension of the sentence ( Section 683(5) of the Criminal Code ). Clerk at the hearing : Anne Dumont Courtroom: RC-18 HEARING 10:22 Commencement of the hearing. Identification of counsel. Preliminary remarks by the judge. 10:24 Discussion between the judge and the parties regarding the motions. Mtre Soucy asks to strike from the docket the motion for release from prison. She will file the discontinuance at the registry of the Court in the following days. The motion for leave to appeal from a sentence is no longer contested.

The parties agrees that the motion should be referred to the Court. The motion for suspension of the sentence is still contested. 10:26 Submissions by Mtre Soucy. 10:32 Submissions by Mtre Lemay. 10:33 Reply by Mtre Soucy. 10:35 Discussion between the judge and Mtre Lemay. 10:40 Discussion between the judge and Mtre Soucy. 10:41 BY THE JUDGE : Judgment – see page 4. 10:44 Discussion between the judge and the parties. 10:47 Conclusion of the hearing.

Anne Dumont, Clerk at the hearing JUDGMENT THIS JUDGMENT IS PROTECTED BY AN ORDER UNDER

SECTION 486.4 OF THE CRIMINAL CODE RESTRICTING THE PUBLICATION OF ANY INFORMATION THAT COULD IDENTIFY THE VICTIMS. [ 1 ] On January 29, 2019, after 22 days of trial, appellant was found guilty on seven counts related to sexual offenses (sexual assault, sexual interference and invitation to sexual touching) by justice Guylaine Rivest of the Court of Québec, district of Montreal. [ 2 ] On April 20, 2020 the appellant was sentenced to 6.5 years of detention.

According to appellant, the time remaining to be served after deduction of the presentence custody, as credited by the trial judge, is of 4 months and 4 days. [ 3 ] The appellant has appealed of the verdict. He is now seeking leave to appeal from the sentence.

He is also asking to be released from prison and that his sentence be suspended while waiting for the final judgment of this Court. 1) Motion seeking leave to appeal from a sentence [ 4 ] Considering that the appellant has already appealed of the verdict, the motion seeking leave to appeal from a sentence will be deferred to the bench who will be hearing the appeal of the verdict. 2) Motion to be released from prison [ 5 ] The appellant is asking to be released from prison while waiting for the final judgement of this Court. [ 6 ] The appellant asks that his motion be struck from the docket. 3) Motion for suspension of the sentence [ 7 ] The appellant also asks that the sentence be suspended pending a final decision regarding his appeals.

I consider that the probation order rendered under

section 731 C.cr . should be suspended pending final judgment by the Court according to section 683

(5) e) of the Criminal Code but that I cannot, under said section, suspend the order rendered under section 161(1) of the Criminal Code . FOR THESE REASONS, THE UNDERSIGNED: [ 8 ] REFERS the motion for leave to appeal to the Court; [ 9 ] DECLARES that the proceedings shall be undertaken, without briefs, on the basis of the fast-track procedure; [ 10 ] ORDERS the applicant after notification to the respondent, to file with the Office of the Court, on the same date as his factum in the appeals of the verdict, fives copies of the documents mentioned in

section 60 R.C.A.Q.C.M . and,an argument of no more than 10 pages ; [ 11 ] ALLOWS , the respondent(s), after notification to the applicant(s), to file with the Office of the Court, on the same date as his factum in the appeals of the verdict, fives copies of an argument of no more than 10 pages; [ 12 ] 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; [ 13 ] ORDERS that the documents filed include a cover page and a table of contents with pages numbered consecutively; [ 14 ] ALLOWS the respondent(s), as provided by the second paragraph of

section 60 R.C.A.Q.C.M . , to notify the duly completed questionnaire to the applicant (

s) and file fives 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; [ 15 ] 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 . ) ; [ 16 ] 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 . [ 17 ] STRIKES the motion to release the appellant during the appeal; [ 18 ] GRANTS, partially, the motion to suspend the sentence pending a final decision of this Court. [ 19 ] ORDERS the suspension of the probation order rendered under

section 731 of the Criminal Code by Justice Guylaine Rivest of the Court of Québec on April 20, 2020, pending a final decision of the Court on the appeals, on the following conditions: 1- Keep the peace and be of good behavior; 2- Reside at [...], City A, Quebec; 3- Notify the Court of any change of address in advance and in writing; 4- Abstain from being within a radius of 500 meters of the domicile, place of work, or school attended by X , Y and Z ; 5- Abstain from being within 50 meters of X , Y and Z ; 6- Abstain from communicating in any manner with X , Y and Z ; 7- Abstain from consuming any alcoholic beverages; 8- Abstain from having in his possession or using drugs or narcotics, including marijuana, except in accordance with a validly obtained medical prescription; 9- Continue and maintain his collaboration with the Direction de la protection de la jeunesse in regards to his own children. [ 20 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose prior to the appellant being released from custody.

DURATION OF THE HEARING : Applicant : 30 minutes Respondent : 30 minutes GENEVIÈVE COTNAM, J.A.