2022 QCCA 1019, 2022 QCCA 1019

Choucair c. R. 2022 QCCA 1019 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007754-227 ( 550-01-111094-191 ) MINUTES OF HEARING DATE: July 26, 2022 THE HONOURABLE STEPHEN W. HAMILTON, J.A. APPELLANT COUNSEL Nayef Choucair Mtre Gabriel Babineau ( Desjardins Côté ) By videoconference RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre Isabelle Michaud ( Director of criminal and penal prosecution ) By videoconference DESCRIPTION: Motion to modify the conditions of a release order (Section 679 Cr. c .).

Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 10:07 Commencement of the hearing. Identification of counsel. The motion is not contested. Exchanges between the parties.

10:08 BY THE JUDGE: Judgment – see page 3, 10:09 Conclusion of the hearing. Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] Upon the joint submissions of the parties to modify the conditions of the Appellant’s release. THEREFORE, THE UNDERSIGNED: [ 2 ] GRANTS the Appellant’s motion to modify the conditions of a release order; [ 3 ] ORDERS that the Appellant’s release from custody be subject to the following conditions : 1) Acknowledge the following conditions are meant to mirror the Release order rendered on June 24, 2022 in your Ottawa file; 2) Reside with your surety, Ms.

Jennifer Band, at either [...], Braeside, Ontario, [...], Fitzroy Harbour, Ontario or [...], Ottawa, Ontario and abide to the rules and regulations of Ms.

Jennifer Band; 3) Do not reside at any addresses other than [...], Braeside, Ontario, [...], Fitzroy Harbour, Ontario or [...] Ottawa, Ontario without the permission from the Quebec Court of Appeal; 4) Do not leave your residence except where you have notified Recovery Science in advance and: • For medical emergencies involving himself or a member of your immediate family (spouse, child, parent, sibling); • For purposes of travelling directly to, from and while at court appearances, or meeting with your lawyer, or for purposes of complying with this or any other court Order; • For purposes of travelling to, from, and while at work.

You are to provide proof of your employment and

schedule to Ms. Band; • When you are in the presence of Jennifer Band; 5) Do not have any visitors at your residence other than Amal Choukair, Mariam Zeitoun and Maha El-Baraim except with the written and dated approval of Jennifer Band, with Jennifer Band present during the visit.

Ali Choukair and Kamil Choukair are not permitted to visit you at your residence; 6) Do not discuss your case or criminal charges with Amal Choukair; 7) Do not contact or communicate in any way, either directly or indirectly, by any physical, electronic or other means, Usman Malik, Fareed Al Bidin, or any members of their immediate family; 8) Do not contact or communicate directly or indirectly by any physical, electronic or other means, with Jacob Beaver, Ali Chokeir, Naser Hammid and Abbas Kassar, except in the presence of legal counsel for the purpose of preparing a defence;

9) Do not be within 500 metres of any place where you know Jacob Beaver, Ali Chokeir, Naser Hammid and Abbas Kassar to live, work, attend school, or happen to be, except in the presence of legal counsel for the purpose of preparing a defence; 10) Do not be in the presence of anyone known to you to have a criminal record; 11) Do not possess: • a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all those things until dealt with according to the law ( s. 515(4.1) of the Criminal Code ); • any weapon(

s) as defined by the Criminal Code (for example, but restricted to, a pellet gun, firearm, imitation firearm, cross-bow, prohibited or restricted weapon or device, ammunition or explosive substance or anything designed to be used or intended for use to cause death or injury or to threaten or intimidate any person); • or any imitation of the above; 12) Do not possess or consume any unlawful drugs or substances (referred to in the Controlled Drugs and Substances Act) except with a valid prescription in your name; 13) Do not possess or consume any alcohol; 14) Do not contact any person objected to by Ms.

Jennifer Band; 15) Comply with Recovery Science Corporations’s terms; 16) Be released to your surety Ms. Jennifer Band; 17) Promise to pay $10,000 to the Court of Appeal for Quebec if you fail to comply with this release order; 18) Obtain that your sureties, Jennifer Band and Victoria Choukair, promise to pay $10,000 and $1,000 respectively to the Court of Appeal for Quebec if they fail to comply with their obligations as sureties; [ 4 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose. STEPHEN W. HAMILTON, J.A.