2014 QCCA 798, 2014 QCCA 798

Green c. R. 2014 QCCA 798 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGESTRY OF MONTREAL N o : 500-10-005601-149 (500-01-062830-119) MINUTES OF THE HEARING DATE: April 15 th , 2014 THE HONOURABLE MR. JUSTICE ALLAN R. HILTON, J.A. PETITIONER ATTORNEY JAMAL GREEN Mtre Jonathan Gordon Boro, Polnicky, Lighter RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre Kathleen Caron Directeur des poursuites criminelles et pénales MOTION FOR JUDICIAL INTERIM RELEASE PENDING APPEAL (

Section 679 of the Criminal Code ) Clerk: Nadia Samy Court Room: RC.18

HEARING 10:17 Commencement of the hearing. 10:18 Discussion between the Judge and Mtre Gordon. 10:19 Discussion between the Judge and Mtre Caron. 10:20 Mtre Gordon files the Agreed Statement of Facts, dated April 15 th , 2014, and an Affidavit signed by Mrs. Cathy Iadinardi dated April 15 th , 2014. 10 23 Judgment – see page 3. 10:24 Conclusion of the hearing. Nadia Samy Clerk JUDGMENT [ 1 ] The Petitioner's motion for judicial interim release pending appeal made pursuant to

section 679 of the Criminal Code is granted and the Petitioner is ordered to conform to the requirements of the Undertaking and/or Recognizance, the text of which appears bellow. THEREFORE, THE UNDERSIGNED: [ 2 ] GRANTS the motion for judicial interim release; [ 3 ] ORDERS the release of the appellant, Jamal Green, on the following conditions: 1. Deposit the amount of $10,000.00; 2. Keep the peace, be of good behaviour and report to the Court whenever required; 3. Reside at [...] in Montreal, Quebec; 4. Not change his address without prior authorization of this Court or one of its judges; 5.

Abstain from leaving the Judicial District; 6. Abstain from applying for a passport; 7. Deposit his passport before being discharged; 8. Abstain from being at or going to the following address [... street A], Montreal or at any other place where the victim and/or the witness R... H... may reside, whatever the address; 9. Abstain from communicating in any manner with R... H...; 10.

Formally abstaining from having in his possession and carrying, for any purpose whatsoever, offensive or restricted-use weapons or imitation weapons, including starter pistols and pellet pistols, firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition or explosive substances, knives (except in restaurants and for lawful purposes) and edged weapons; [ 4 ] ORDERS that an undertaking of these conditions be given before a justice of the peace assigned to such matters, before the appellant is released. ALLAN R. HILTON, J.A.