2019 QCCA 219, 2019 QCCA 219
Opinion
Bryant c. R. 2019 QCCA 219 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006927-188, 500-10-006929-184 (500-73-003997-133 SEQ.ACC. 001, 004, 005) MINUTES OF THE HEARING DATE: February 19, 2019 THE HONOURABLE ALLAN R. HILTON , J.A. No: 500-10-006927-188 PETITIONERS COUNSEL ROBERT BRYANT
(001) LOUIS NAGY
(005) Me PHILIPPE C. LEGAULT (Morneau L'Ecuyer La Leggia Rouleau s.n.) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre SIMON RICHARD (Service des poursuites pénales du Canada) No: 500-10-006929-184 PETITIONER COUNSEL MARCO MILAN
(004) Me PHILIPPE C. LEGAULT (Morneau L'Ecuyer La Leggia Rouleau s.n.) RESPONDENT COUNSEL
HER MAJESTY THE QUEEN Mtre SIMON RICHARD (Service des poursuites pénales du Canada) DESCRIPTION: Applications to abridge the delays and for interim release. (
Section 679 Cr.C . , 77 R.C.A.C.M. ) Clerk: Mihary Andrianaivo Courtroom: -- HEARING There was a mistake in connection to the wording of the release condition number 1 pertaining to Mr. Marco Milan in the judgment rendered on February 11, 2019 (paragraph 23). Therefore, an amended judgment is found below – See page 3. Mihary Andrianaivo Clerk BY THE JUDGE
AMENDED JUDGMENT Robert Bryant (500-10-006927-188) [ 1 ] WHEREAS there is an appeal from conviction in this file. [ 2 ] WHEREAS the Respondent-prosecutor consents to the interim release of the Applicant-accused to conditions jointly submitted to the Court. [ 3 ] Considering
section 77 of the Rules of the Court of Appeal of Quebec in criminal matters. [ 4 ] Considering paragraph 679(1) of the Criminal Code . FOR THESE REASONS, the undersigned: [ 5 ] GRANTS the application to abridge the delays of service and presentation of the application for interim release. [ 6 ] GRANTS the application for interim release. [ 7 ] ORDERS the interim release of the Applicant-accused Mr. Robert Bryant pending the result of his appeal from his conviction on the following conditions: 1. A personal deposit on bail towards the Quebec Ministry of Justice for the amount of five thousand dollars (5,000$). 2.
Keep the peace, be of good behaviour and attend Court whenever required. 3. Reside at […], city of Toronto, province of Ontario, […]. 4. Not to change his address before and without having obtained permission of this Court or one of its judges. 5. Remain physically within Canada. 6. Not to apply or be in possession of a passport bearing his name. 7.
Constitute himself prisoner to the carceral authorities as soon as his appeal would be dismissed or before any delay determined by the Court or one of its judges. [ 8 ] ORDERS that the present undertaking subscribed before a justice of the peace assigned for such purpose prior to the petitioner being released from custody. Louis Nagy (500-10-006927-188) [ 9 ] WHEREAS there is an appeal from conviction in this file. [ 10 ] WHEREAS the Respondent-prosecutor consents to the interim release of the Applicant-accused to conditions jointly submitted to the Court. [ 11 ] Considering
section 77 of the Rules of the Court of Appeal of Quebec in criminal matters. [ 12 ] Considering paragraph 679(1) of the Criminal Code . FOR THESE REASONS, the undersigned: [ 13 ] GRANTS the application to abridge the delays of service and presentation of the application for interim release. [ 14 ] GRANTS the application for interim release. [ 15 ] ORDERS the interim release of the Applicant-accused Mr. Louis Nagy pending the result of his appeal from his conviction on the following conditions:
1. Maintain a mortgage of the amount of 150,000.00$ on the immovable property located at […] in Kirkland, Quebec to the benefit of the Quebec Ministry of Justice. 2. Keep the peace, be of good behaviour and attend Court whenever required. 3. Reside at […], city of Kirkland, Quebec, […]. 4. Not to change his address before and without having obtained permission of this Court or one of its judges. 5. Remain physically within Canada. 6. Not to apply or be in possession of a passport bearing his name. 7.
Constitute himself prisoner to the carceral authorities as soon as his appeal would be dismissed or before any delay determined by the Court or one of its judges. [ 16 ] ORDERS that the present undertaking subscribed before a justice of the peace assigned for such purpose prior to the petitioner being released from custody. Marco Milan (500-10-006929-184) [ 17 ] WHEREAS there is an appeal from conviction in this file. [ 18 ] WHEREAS the Respondent-prosecutor consents to the interim release of the Applicant-accused to conditions jointly submitted to the Court. [ 19 ] Considering
section 77 of the Rules of the Court of Appeal of Quebec in criminal matters. [ 20 ] Considering paragraph 679(1) of the Criminal Code . FOR THESE REASONS, the undersigned: [ 21 ] GRANTS the application to abridge the delays of service and presentation of the application for interim release. [ 22 ] GRANTS the application for interim release. [ 23 ] ORDERS the interim release of the Applicant-accused Mr. Marco Milan pending the result of his appeal from his conviction on the following conditions: 1.
A personal deposit on bail towards the Quebec Ministry of Justice for the amount of two thousand and five hundred dollars (2,500$). 2. Keep the peace, be of good behaviour and attend Court whenever required.
3. Reside at […], city of Caledon, province of Ontario, […]. 4. Not to change his address before and without having obtained permission of this Court or one of its judges. 5. Remain physically within Canada. 6. Not to apply or be in possession of a passport bearing his name. 7. Constitute himself prisoner to the carceral authorities as soon as his appeal would be dismissed or before any delay determined by the Court or one of its judges. [ 24 ] ORDERS that the present undertaking subscribed before a justice of the peace assigned for such purpose prior to the petitioner being released from custody. allan r. hilton , J.A.
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