2017 QCCA 1167, 2017 QCCA 1167

O'Reilly c. R. 2017 QCCA 1167 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005612-146 (500-01-002508-080 SEQ. ACC. 010) MINUTES OF THE HEARING DATE: July 12, 2017 THE HONOURABLE NICHOLAS KASIRER, J.A. PETITIONER COUNSEL GERALD O’REILLY Mtre FRANCIS VILLENEUVE-MÉNARD (Schurman Longo Grenier) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre magalie cimon (Directeur des poursuites criminelles et pénales) DESCRIPTION: Motion for permission to vary conditions of release ( S. 515.1 of the Criminal Code ) Clerk: Marie Gamelin Courtroom: RC.18

HEARING 9:51 Commencement of the hearing. Discussions between the judge and Mtres Francis Villeneuve-Ménard and Magalie Cimon. 9:56 BY THE JUDGE: Judgment – see page 3. 9:58 Conclusion of the hearing. (

s) Marie Gamelin Clerk BY THE JUDGE JUDGMENT [ 1 ] Whereas Gerald O’Reilly has asked for permission to vary the conditions of his judicial interim release on appeal; [ 2 ] Considering

section 515.1 Cr.c. ; [ 3 ] Considering the judgment of my colleague Bich, J.A. ordering the petitioner’s judicial interim release, and the subsequent judgments of my colleagues Marcotte and Doyon, JJ.A. varying the conditions of that release; [ 4 ] Considering that the respondent does not contest the motion; FOR THE AFOREMENTIONED REASONS, THE UNDERSIGNED: [ 5 ] GRANTS the motion; [ 6 ] ORDERS that the conditions of the petitioner’s release be varied as follows: iv.

The petitioner shall not leave the Province of Quebec, except to go to the province of Ontario, after having alerted the Sûreté du Québec of the date of his departure and of his return by telephone (514-[…]) ; [...] ix.

As of July 19, 2017 , the petitioner shall report by telephone (514-[…]) to the Sûreté du Québec, every two weeks, on Wednesday, between 9am and 5pm, this condition being suspended when a Wednesday coincides with a statutory holiday, [ 7 ] ORDERS that the conditions of release be confirmed in all other respects; [ 8 ] ORDERS that an undertaking to comply with these amended conditions be given before a justice of the peace assigned to such matters before the changes take effect. nicholas kasirer , J.A.