2021 QCCA 971, 2021 QCCA 971

McKillop c. R. 2021 QCCA 971 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007215-195 ( 550-01-105293-189 ) MINUTES OF HEARING THE PUBLICATION BAN IS STILL IN FORCE ON ANY INFORMATION THAT COULD IDENTIFY THE VICTIMS (S. 486.4(1) CR.C ). DATE: June 11, 2021 THE HONOURABLE CHRISTINE BAUDOUIN, J.A.

APPELLANT COUNSEL Hamish McKillop Mtre DIANE CONDO By conference call RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre ISABELLE BOUCHARD ( Director of Criminal and Penal Prosecutions ) By videoconference On appeal from a judgment rendered on October 16, 2019 by the Honourable Gaston Paul Langevin of the Court of Quebec, Criminal Division , District of Gatineau . DESCRIPTION: Motion for release from prison (s. 679(1) Cr.c. ). Clerk at the hearing : Anne Dumont Courtroom: RC-18 HEARING 10:38 Commencement of the hearing and identification of counsel. Preliminary remarks by the judge.

10:39 Discussion between the judge and Mtre Condo regarding the nature of her motion. 10:41 Oral request by Mtre Condo to modify her motion for suspension of the sentence and specify that it is rather a motion for release from prison (s. 679(1) Cr.c. ). 10:42 Comments by Mtre Bouchard explaining that she has no objection to the motion for release from prison.

Discussion between the judge and Mtre Bouchard. 10:44 Submissions by Mtre Condo. 10:47 Discussion between the judge and Mtre Bouchard. 10:48 BY THE JUDGE : Judgment – see page 3. 10:49 Discussion between the judge and the parties. 10:51 Conclusion of the hearing. Anne Dumont, Clerk at the hearing JUDGMENT THE PUBLICATION BAN IS STILL IN FORCE ON ANY INFORMATION THAT COULD IDENTIFY THE VICTIMS (S. 486.4(1) CR.C. ). [ 1 ] I am seized of a motion titled “ Motion for suspension of the sentence ” based on art. 683(5) Cr.C .

At the hearing, Applicant’s counsel clarifies that what is in fact sought is for the Applicant to be released from custody pending the determination of his appeal on conviction, the whole in accordance with art. 679 Cr.C . [ 2 ] On October 16, 2019, the Applicant was found guilty of one count of sexual assault ( art. 271 Cr.C . ) and one count of common assault ( art. 266 Cr.C . ).

The victim was his spouse. [ 3 ] Applicant appealed his conviction on November 15, 2019, and remained out on bail until June 9, 2021, when sentence was rendered with 21 months of imprisonment on count one and 6 months to be served concurrently on count two. [ 4 ] The Respondent does not oppose the present motion and agrees with the terms and conditions of the release proposed therein, which in fact were jointly submitted. [ 5 ] Given the Applicant’s compliance with bail terms pending trial and after conviction and considering all other relevant factors, I find the Applicant has met his burden of proof with respect to paragraph 679(3) Cr.C . , namely that the grounds of appeal are not futile, that he will surrender himself into custody and in accordance with the terms of the order, and that his detention is not necessary in the public interest.

THEREFORE, THE UNDERSIGNED: [ 6 ] GRANTS the Applicant’s Motion for interim release pending the determination of his appeal on conviction; [ 7 ] ORDERS the release of the Applicant, Hamish McKillop, until a determination of the present appeal, and on the following conditions: 1. Keep the peace, be of good behaviour and attend court whenever required; 2. Reside at unit [...], Gatineau, Quebec; 3. Abstain from changing address without prior authorization from this Court; 4. Maintain his work with Global Affairs Canada and advise this Court, in advance and in writing, of any change in his employment situation; 5.

Not be in contact, directly or indirectly with or frequent J. A. and not to be within 100 meters of her residence, place of employment or schooling;

6. Not be in the physical presence of J. A.; 7. Not speak of, or refer to J. A. in any way whatsoever, on social media; 8. Not be in possession of any weapons as defined in the criminal code; 9. Surrender into custody at the Hull Detention Centre, within 24 hours of the judgment of the Quebec Court of Appeal dismissing his appeal; 10. A bond (without deposit) of $2,000, to serve as security and guarantee of the above conditions. [ 8 ] ORDERS that an undertaking of these conditions be given before a justice of the peace assigned to such matters. CHRISTINE BAUDOUIN, J.A.