2019 QCCA 1944, 2019 QCCA 1944

Chandroo c. R. 2019 QCCA 1944 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No : 500-10-006992-190 ( 500-01-071480-120 ) MINUTES OF HEARING DATE: November 14, 2019 THE HONOURABLE STEPHEN W. HAMILTON, J.A. APPLICANT COUNSEL Richard Chandroo Mtre Fanie Lacroix RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre Emilie Robert ( Directeur des poursuites criminelles et pénales ) DESCRIPTION: Motion for interim release (Art. 679 (1) C.cr . Clerk at the hearing : Elisabeth Lepage Courtroom: RC-18 HEARING 9:48 Commencement of the hearing.

Submissions by Mtre Lacroix. 10 h 09 Submissions by Mtre Robert. 10 h 26 Discussion between the court and Mtre Robert. 10 h 40 Reply by Mtre Lacroix. 10 h 48 Judgment – see page 3. Conclusion of the hearing. Elisabeth Lepage, Clerk at the hearing JUDGMENT

[ 1 ] On January 21, 2019, the Honourable Robert Marchi, of the Court of Quebec, District of Montreal, found the Petitioner guilty of fraud exceeding $5,000 (Section 380(1)

a) Cr.C. ) and of having forged a document (Section 368(1) a )(1.1a) Cr.C. ). [ 2 ] On February 19, 2019, the Petitioner appealed the conviction.

He filed a notice of appeal involving questions of law only. [ 3 ] On November 7, 2019, the trial judge imposed a sentence of 15 months in custody and a probation order for a period of two years. [ 4 ] The Petitioner now asks to be released pending the determination of his appeal pursuant to Sections 679(1) and (3) Cr.C. [ 5 ] In accordance with Section 679(3) Cr.C. , the Petitioner must establish that (1) his appeal is not frivolous, (2) he will surrender himself into custody in accordance with the terms of the order, and (3) his detention is not necessary in the public interest.

The Respondent contests all three conditions. [ 6 ] Without going into the merits of the appeal, I am satisfied that the Petitioner meets the relatively low burden of establishing that his grounds of appeal are not frivolous. [ 7 ] Further, nothing indicates that he will not deliver himself into custody when ordered.

In the seven years between his arrest and his conviction in this matter, the Petitioner was at liberty and was present in court each time he was required to be. [ 8 ] Finally, in analysing the condition of public interest, two elements must be satisfied: public security and the public confidence in the administration of justice. [1] [ 9 ] Regarding public security, while it is true that the Petitioner is facing charges of fraud committed while this matter was ongoing, the Petitioner’s crimes pose no risk to the physical integrity of individuals and he has no history of violence.

Moreover, if the Petitioner is not released, he may well have served the greater part of his sentence by the time judgment is rendered on his appeal. Thus, I do not believe that public confidence in the administration of justice will be undermined. As stated by Vauclair, J.A., the « public bien informé, même choqué par les comportements criminels en cause, sait que l’appel fait

partie du processus pénal et lorsqu’il n’est pas futile, il est important et participe à un système de justice juste et légitime. » [2] FOR THESE REASONS, THE UNDERSIGNED: [ 10 ] GRANTS the motion for release pending determination of the appeal; [ 11 ] ORDERS the release of the Petitioner, on the following conditions : 1 . The Petitioner shall keep the peace and be of good behaviour; 2 . The Petitioner shall reside at […], Montreal, Quebec, district of Montreal; 3 . The Petitioner shall not change address without the prior permission of this Court or one of its judges; 4 .

The Petitioner shall not communicate or try to communicate with Meir Rabkin, or be in his presence; 5 . The Petitioner shall not leave the Province of Quebec, except with permission from the Court; 6 . The Petitioner shall immediately surrender into custody if his motion is dismissed or before the expiration of any delay to be fixed by the Court; 7 .

The Petitioner will not attempt to obtain a passport; Additionally, the Petitioner’s wife, Viviana Yevenes, offers a deposit of $1000 as a guarantee that the Petitioner will comply with the conditions set out. [ 12 ] ORDERS that an undertaking of these conditions be given before a justice of the peace assigned to such matters, before the Petitioner is released. STEPHEN W. HAMILTON, J.A.