2020 QCCA 1044, 2020 QCCA 1044

Charles c. R. 2020 QCCA 1044 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007082-199 ( 540-01-072948-162 ) MINUTES OF HEARING DATE: March 18, 2020 THE HONOURABLE STÉPHANE SANSFAÇON, J.A. APPELLANT COUNSEL Muhammed Junaid Charles Mtre Francis Le Borgne Absent RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre Simon Blais ( Directrice des poursuites criminelles et pénales ) Absent DESCRIPTION: Application for provisional release ( Art. 679 Criminal code and 31 R.P.C.A. ). Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 10:44 Commencement of the hearing.

Identification of counsel. The parties were excused from appearing in Court. BY THE JUDGE: Judgment – see page 3. 10:46 Conclusion of the hearing.

Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] WHEREAS there is an appeal from conviction in this file; [ 2 ] WHEREAS there is an application for provisional release of the Appellant; [ 3 ] WHEREAS the Respondent consents to the provisional release of the Appellant to conditions jointly submitted to the Court; [ 4 ] CONSIDERING

section 31 of the Rules of the Appeal Court of Quebec in Criminal matters ; [ 5 ] CONSIDERING

section 679 of the Criminal code ; FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] GRANTS the motion of the Appellant; [ 7 ] ORDERS the Appellant’s release from custody on the following conditions: 1) Maintain the deposit of $ 2,000 already made before the Office of the Court of Quebec ; 2) Keep the peace, be of good conduct and be present in Court whenever required; 3) Reside at: [...], Lasalle, Qc; 4) Not change his residential address without having obtained the prior authorization of the Court or one of its judges; 5) Abstain from leaving the Province of Quebec without having obtained the prior authorization of the Court or one of its judges; 6) Deposit his passport with the Office of the Court of Quebec within 24 hours of his release and not to apply for any other passport; 7) Not communicate or attempt directly or indirectly to communicate with Nazim Mostefai, Alexandra Lavoie and the members of their immediate families or be found in their physical presence; 8) Not be found within a range of 500 metres from the residence and place of employment of the above mentioned persons; 9) Abstain from possessing or carrying for any reason whatsoever offensive or restricted weapons, or an imitation thereof, including revolvers, starting guns, pellet guns, firearms, crossbows, prohibited weapons, restricted use weapons, prohibited devices, ammunition or explosive substances, knives (except in a restaurant and for a legitimate purpose); 10) Surrender himself to the carceral authorities within 72 hours of the Court judgment dismissing his appeal or before the expiration of any delay determined by the Court or one of its judges; 11) In case of withdrawal of his appeal, immediately surrender to the carceral authorities.

[ 8 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose prior to the Appellant being released from custody. STÉPHANE SANSFAÇON, J.A.