2017 QCCA 1239, 2017 QCCA 1239

Coonishish c. R. 2017 QCCA 1239 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF QUEBEC No: 200-10-003298-168 (640-01-032632-144) MINUTES OF THE HEARING DATE : 17 août 2017 THE HONOURABLE SIMON RUEL, J.A. (JR1676) APPELLANT COUNSEL JOHNNY COONISHISH Mtre CONSTANTIN KIRYAKIDIS (AK3075) (Centre communautaire juridique de l’Abitibi-Témiscamingue) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre GENEVIÈVE LAMONTAGNE (AL0HH0) (Criminal and penal prosecuting attorney) In appeal of a judgment rendered on September 30, 2016 by the Honourable Justice Louis A. Legault of the Court of Quebec, district of Abitibi.

DESCRIPTION : Motion to be released from custody pending the determination of the appeal.

CLERK : Marianik Fail le (TF0891) COURTROOM : 4.30 – CONFERENCE CALL HEARING 9 h 52 Observations of Mtre Kiryakidis; Observations of the judge; Mtre Kiryakidis continues; 9 h 53 Intervention of Mtre Lamontagne; The judge adresses Mtre Lamontagne; 9 h 54 Observations of Mtre Lamontagne; 9 h 56 The parties have come to an agreement on the release of the appellant as long as the conditions are the same than those signed on March 16, 2017; Mtre Kiryakidis would like for his client to be allowed to go to the woods to hunt on the understanding that he would inform the police beforehand; Mtre Lamontagne stands firm on the undertaking signed March 16, 2017; The judge asks Mtre Kiryakidis to talk with his client to clarify the dates at which he would like to go hunting; 10 h 05 Suspension; 11 h 01 The parties have agreed that the second condition should be read as follows: To reside at: [...] Mistissini and be at this residential address between 9PM and 6AM, except for hunting, between September 6 to September 21 st , 2017, and April 14 to May 13, 2018, the whole with prior notification of the accused’s campsite to the Mistissini Police ; 11 h 03 Judgment. (

s) Court clerk BY THE JUDGE JUDGMENT THE UNDERSIGNED: [ 1 ] GRANTS the appellant’s motion; [ 2 ] ORDERS the appellant’s release from custody on the following conditions: - To keep the peace and be of good behaviour, and attend the Court whenever required;

- To reside at: [...] Mistissini and be at this residential address between 9PM and 6AM, except for hunting, between September 6 to September 21 st , 2017, and April 14 to May 13, 2018, the whole with prior notification of the accused’s campsite to the Mistissini Police; - Not to communicate or attempt directly or indirectly to communicate in any way with the victim or his family; - To abstain from possessing or carrying for any reason whatsoever offensive or restricted weapons, or an imitation thereof, including revolvers, starting guns, pellet guns, firearms, crossbows, prohibited weapons, restricted use weapons, prohibited devices, ammunition or explosive substances, knives (except in a restaurant and for a legitimate purpose) or edge weapons except for hunting; - To abstain from drinking any alcoholic beverages or have them in his possession; - To abstain from possessing or using narcotics or drugs, except in accordance with a validly obtained medical prescription; - Not to be alone with a child under the age of 18 years, except with the presence of an adult and except his nephews and nieces at 210, Riverside Mistissini; - Not to change his residential address without having obtained the prior authorization of the Court or one of its judges; - Not to be in the presence of the victim or his family.

If the appellant finds himself in their presence, he has to leave immediately; - Not to refer to the victim or members of his family directly or indirectly on any social media whatsoever. [ 3 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose prior to the petitioner being released from custody. SIMON RUEL, J.A.