2021 QCCA 1603, 2021 QCCA 1603

Lemieux c. R. 2021 QCCA 1603 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF QUEBEC No.: 200-10-003887-218 (110-01-001837-199) MINUTES OF THE HEARING WARNING: The Criminal Code forbids any information that could identify the victim from being published in any document or broadcast or transmitted in any way ( s. 486.4

(1) Cr.C .). DATE: October 28, 2021 THE HONOURABLE SOPHIE LAVALLÉE, J.A. APPELLANT COUNSEL CLARENCE LEMIEUX Mtre GABRIEL BABINEAU (Desjardins, Côté) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre ÉMILIE LANDRY-THERRIAULT (Director of Criminal and Penal Prosecutions)

On appeal from a judgment rendered on June 4, 2021 by the Honourable Denis Paradis of the Court of Québec, District of Gaspé DESCRIPTION : Application for release from custody (s. 679(1) Cr.C .) Clerk at the hearing: Alysson Roussel Courtroom: 4.30 - videoconference HEARING 9:41 Calling of the file and identification of the parties; Discussion between the judge and Mtre Landry-Therriault; 9:42 Submissions of Mtre Babineau; 9:43 Submissions of Mtre Landry-Therriault; 9:44 Mtre Babineau states that the conditions as submitted have been agreed upon with the respondent; Discussion between the judge and the parties; Judgment; 9:45 End of the hearing.

Alysson Roussel, Clerk at the hearing JUDGMENT WARNING: The Criminal Code forbids any information that could identify the victim from being published in any document or broadcast or transmitted in any way ( s. 486.4

(1) Cr.C .). [ 1 ] The appellant was convicted on June 4, 2021 by the Court of Québec on two counts having a sexual connotation. [ 2 ] On June 29, 2021, he filed a notice of appeal from that verdict on questions of law. [ 3 ] The appellant seeks his release from custody pending the determination of his appeal.

[ 4 ] The respondent consents to the appellant’s release from custody, provided he complies with the conditions listed hereinbelow. [ 5 ] In light of the submissions of counsel for the appellant and counsel for the respondent, I am of the opinion that the appellant has discharged his burden of proof and that he should be released pending the determination of the appeal. [ 6 ] Based on my analysis, I am of the opinion that the appeal is not frivolous, said criterion requiring a flexible approach. In my view, the grounds of appeal are sufficiently serious.

I am also convinced that the appellant will surrender himself into custody in accordance with the terms of the order set out hereinbelow since he has complied with his conditions of release at first instance. [ 7 ] Lastly, I am of the view that the appellant’s release will not compromise the protection of the public nor will this judgment undermine confidence in the administration of justice. [ 8 ] I find the conditions for the appellant’s interim release, as submitted jointly by the parties, to be reasonable.

FOR THESE REASONS, THE UNDERSIGNED: [ 9 ] GRANTS the application for release from custody; [ 10 ] ORDERS the appellant’s interim release pending the determination of the appeal, subject to the following conditions: 1. Keep the peace, be of good behavior, and attend court whenever required; 2. Reside at [...], Percé, Quebec, [...] and not change his address without prior authorization from the Court or one of its judges; 3. Abstain from communicating in any manner, directly or indirectly, with the complainant or his immediate family, except through his attorneys for the purpose of legal proceedings; 4.

Not be in the physical presence of the complainant; 5. Not be at the residence of the complainant, regardless of the address; 6. Not be at the workplace of the complainant, except to carry on legitimate gainful employment himself; 7. Not harass, bother, molest or spy on the complainant, or refer to him directly or indirectly on any social media; 8.

Expressly refrain from possessing, carrying or acquiring, for any reason, weapons, offensive weapons, or imitation weapons, including starting pistols and pellet guns, firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, explosive substances, knives (except in restaurants and for a legitimate purpose) or edged weapons; 9.

Surrender himself into custody within 48 hours, or within any other time limit set by this Court, following the dismissal of his appeal by this Court or his abandonment of the appeal. [ 11 ] ORDERS that this recognizance be entered into before a justice of the peace designated for such purpose prior to the appellant being released from custody. SOPHIE LAVALLÉE, J.A.