2023 QCCA 1472, 2023 QCCA 1472

Pearson c. R. 2023 QCCA 1472 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF QUEBEC No: 200-10-004036-229 (635-01-019331-207) MINUTES OF THE HEARING WARNING : An order under

section 486.4 of the Criminal Code was issued directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way. DATE : November 20, 2023 THE HONOURABLE SUZANNE GAGNÉ, J.A. APPELLANT COUNSEL DAVID PEARSON Mtre CLARA DAVIAULT (Yves Ménard Avocats) RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre HANNAH BRAIS HARVEY (Director of Criminal and Penal Prosecutions)

On appeal from a judgment rendered on November 24, 2022 by the Honourable Dominique Wilhelmy of the Court of Québec, District of Abitibi. DESCRIPTION : Motion amended to order suspension of a conditional sentence ( section 683(5) Cr.C . ) Clerk at the hearing : Ariane Gilbert Courtroom : 4.30 – Videoconference HEARING 12:05 Calling of the file and identification of the parties; The judge addresses the parties; 12:05 Mtre Brais Harvey states that the motion is not contested; Discussion between the judge and Mtre Daviault; 12:06 Judgment; 12:07 End of the hearing. Ariane Gilbert, clerk at the hearing JUDGMENT WARNING : An order under

section 486.4 of the Criminal Code was issued directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way. [ 1 ] The Appellant seeks the suspension of a conditional sentence pending the outcome of his appeal ( par. 683(5) (

f) Cr.C . ). The respondent does not oppose the motion and agrees on the conditions proposed by the Appellant. [ 2 ] In my view, it is in the interests of justice to suspend the conditional sentence order, subject to the conditions set forth below. FOR THE FOREGOING REASONS, THE UNDERSIGNED: [ 3 ] GRANTS the motion amended to order suspension of a conditional sentence order; [ 4 ] SUSPENDS the conditional sentence order until the appeal has been determined, under the following conditions:

1. Keep the peace and be of good behavior; 2. Notify the court of any change of address without prior authorization from a judge of the Court of Appeal; 3. Do not leave the province of Quebec; 4. Abstain from communicating directly or indirectly with P.L.; 5. Not be in the physical presence of P.L.; 6. Not harass, bother, molest or spy on P.L.; 7. Not refer directly or indirectly to P.L. on any social media; 8. Not be at P.L.’s residence, place of work or study; 9. Deposit the amount of 1000$ at the clerk’s office of Kuujjuaq courthouse; 10. Deposit your passport at the clerk’s office of the Kuujjuaq courthouse; 11. Sign the recognizance within 10 days of this judgment. SUZANNE GAGNÉ, J.A.