2022 QCCA 501, 2022 QCCA 501

Lapierre c. R. 2022 QCCA 501 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007556-218 ( 455-01-016185-187 ) MINUTES OF HEARING WARNING: AN ORDER RESTRICTING PUBLICATION ORDERED AT TRIAL IS IN EFFECT DATE: April 11, 2022 THE HONOURABLE MARTIN VAUCLAIR, J.A. APPELLANT COUNSEL Joey Lapierre Mtre Maxime Hébert Lafontaine ( Latour Dorval ) By videoconference RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre Francis Villeneuve-Ménard ( Director of Criminal and Penal Prosecutions ) By videoconference DESCRIPTION: Motion for release from prison (Sections 679(1)

a) Cr.c. and 31 R.C.A.Q.C.M .). Clerk at the hearing : René Gutknecht Courtroom: RC-18 HEARING 9:33 Commencement of the hearing. Identification of counsel. 9:34 Discussion between the Judge and the counsel concerning conditions for the release. Suggestion to modify the condition #1. 9:35 The parties agree. 9:36 Suggestion to modify condition #5.

9:37 The parties agree. Suggestion to modify the condition #6. 9:39 The parties agree. 9:40 Suggestion to add to the condition #6 and to write off the condition #10. 9:41 The parties agree. Suggestion for the condition #11. The parties agree. 9:42 Suggestion for the condition #12. BY THE JUDGE: Judgment – see page 3. 9:46 Conclusion of the hearing.

René Gutknecht, Clerk at the hearing JUDGMENT AN ORDER RESTRICTING PUBLICATION ORDERED AT TRIAL IS IN EFFECT [ 1 ] Seeing the applicant’s motion for judicial release pending the appeal; [ 2 ] Seeing that the motion is not contested by the respondent and that the applicant has been on bail since June 1 st , 2018, a few days after his initial arrest; [ 3 ] Notwithstanding his pending accusation for a

summary conviction driving offence, I am convinced that the applicant satisfies the requirements of s. 679 Cr.C . ; [ 4 ] Seeing that the release conditions jointly suggested by the parties are reasonable; THE UNDERSIGNED: [ 5 ] GRANTS the motion; [ 6 ] ORDERS the release of the applicant Joey Lapierre pending his appeal, subject to the following conditions: 1. Promise to pay $3,000 the clerk of the Court of Quebec in file 455-01-016185-187 if he fails to comply with this release order; 2. Maintain the deposit of $1,500 already held by the clerk of the Court of Quebec in file 455-01-016185-187; 3.

Attend court whenever required; 4. Reside at [...], Lac Brome, [...], and not change his address without prior authorization from the Court or one of its judges; 5. Not be at J. T. (hereinafter J.T.) residence, regardless of the address; 6. Not be within 500 metres of the person, residence, place of employment or place of study of. J.T. or of the daycare of J.T.’s children (except in accordance with a judgment of the Superior Court authorizing access rights); 7.

Not communicate or attempt to communicate, directly or indirectly, in any way, with J.T., J.T’s children (except in accordance with a judgment of the Superior Court authorizing access rights), Jo. B., R. B., S. C., L. L., K. M., R. Mi., Ke. T., and T. T.; 8. Not be in the physical presence of J.T., J.T.’s children (except in accordance with a judgment of the Superior Court authorizing access rights), Jo. B., R. B., S. C., L. L., K. M., R. Mi., Ke. T., and T. T.; 9. Not refer directly or indirectly to J.T. or the members of her immediate family on any social media; 10.

Take his medication in the prescribed dosage by his physician;

11. Expressly refrain from possessing, carrying or acquiring, for any reason, weapons, offensive weapons, or imitation weapons, including starting pistols and pellet guns, firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, explosive substances, knives (except in restaurants or at his home and for a legitimate purpose) or edged weapons; 12. Deposit his passport within 24 hours of his release at the clerk’s office of the Court of Quebec in the district of Bedford, to be kept in the file bearing number 455-01-016185-187; 13.

Not apply for a new passport; 14. Not leave the province of Quebec; 15. Surrender himself into custody within 48 hours, or within any other time limit set by this Court, following the dismissal of his appeal by this Court or his abandonment of the appeal. [ 7 ] ORDERS that this undertaking be entered into before a Justice of the Peace assigned for that purpose before he is released. MARTIN VAUCLAIR, J.A.