Parkinson Makara c. R. 2011 QCCA 1009 COURT OF APPEAL CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-10-004541-098 ( 550-01-034489-080 ) MINUTES OF THE HEARING DATE: June 1, 2011 THE HONOURABLE NICOLE DUVAL HESLER, J.A. PETITIONER ATTORNEY BROOK PARKINSON MAKARA Personally RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre Jennifer Morin Procureure aux poursuites criminelles et pénales APPLICATION FOR INTERIM RELEASE Clerk: Annick Nguyen Court Room: RC.18

HEARING 14:08 Commencement of the hearing. Exchange between the judge and Mtre Morin. 14:11 Submission by Mtre Morin. 14:20 Exchange between the judge and Mr. Makara. 14:23 BY THE JUDGE. Judgment – See page 3. Annick Nguyen Clerk

JUDGMENT [ 1 ] Considering the allegations of Appellant/Petitioner's Application for Interim Release; [ 2 ] Considering that Appellant/Petitioner has been declared a long-term offender according to S. 553.1 Cr.C. and is to be supervised in the community for a period of five years beginning on August 1 2010 in accordance with s. 753.2 Cr.C. and with the Corrections and Conditional Release Act ; [ 3 ] Considering that the Crown concedes that the appeal of Mr. Makara on his latest condemnation is not frivolous, which is the first condition for release under s. 679 (3) Cr.C.; [ 4 ] Considering that conditions

b) and

c) of the same subparagraph are also met in the circumstances, since Mr. Makara will be released to a transition house and will remain under supervision in accordance with the long-term offender declaration above referred to; [ 5 ] The application is therefore GRANTED. NICOLE DUVAL HESLER,J.A.