2019 QCCA 414, 2019 QCCA 414
Opinion
Milan c. R. 2019 QCCA 414 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006929-184 (500-73-003997-133 SEQ.ACC. 004) MINUTES OF THE HEARING DATE: On March 13, 2019 THE HONOURABLE STEPHEN W. HAMILTON , J.A. APPELLANT COUNSEL MARCO MILAN Me PHILIPPE C. LEGAULT (Morneau L'Ecuyer La Leggia Rouleau s.n.) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre CARLY NORRIS (Service des poursuites pénales du Canada) DESCRIPTION: Application of the Appellant for variation of his interim release conditions. (Section 31 R.C.A.Q.C.M. ) Clerk: Mihary Andrianaivo Courtroom: RC.18
HEARING 9:34 Start of the hearing. The application is not contested. Exchanges between the Judge and Mtre Philippe C. Legault with regard to the proposed amendment. 9:37 Suspension of the hearing. 10:17 Resumption. Mtre Legault addresses the Court. 10:19 BY THE JUDGE: Judgment – See page 3. 10:20 End of the hearing. Mihary Andrianaivo Clerk
BY THE JUDGE JUDGMENT [ 1 ] The Applicant seeks the variation of certain conditions of his interim release pending appeal, as ordered by Justice Hilton on February 11, 2019, and corrected February 19, 2019. [1] [ 2 ] The variation will allow the Applicant to travel abroad for business purposes. [ 3 ] The Respondent consents to the variation. [ 4 ] The variation is consistent with Paragraph 679(1) of the Criminal Code . FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] GRANTS the application to vary the interim release conditions; [ 6 ] ORDERS that the interim release of the Applicant Mr.
Marco Milan pending the result of his appeal from his conviction be subject to 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.
Advise Carly Norris and/or Simon Richard of the Public Prosecution Service of Canada in writing at least 14 days in advance of any plans involving his departure from Canada, including the projected itinerary. 6. Not to be absent from Canada for a period of over 30 days. 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. [ 7 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose. stephen w. hamilton , J.A.
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