2018 QCCA 2201, 2018 QCCA 2201

Di Cori c. R. 2018 QCCA 2201 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006829-186 (500-01-133563-160, SEQ .ACC. 002) MINUTES OF THE HEARING DATE: December 28, 2018 THE HONOURABLE PATRICK HEALY, J.A. PETITIONER COUNSEL ANGELO DI CORI Mtre ANTONIO CABRAL Mme LORY ZAKARIAN (stagiaire) (Avocats Montréal) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre MARIE-EVE MAYER (Directeur des poursuites criminelles et pénales) DESCRIPTION: Motion for release from prison. (Sect. 679(1) C.cr . and sect. 53 R.c.a.q.c.m. ) Clerk: Lory Beauregard Courtroom: RC-18

HEARING 9:23 Commencement of the hearing. Identification of counsel. The motion is contested. Submissions by Mtre Cabral. 9:33 Submissions by Mtre Mayer. 9:34 Mtre Mayer provides a copy of a list of the petitioner’s recognizance to the judge. 9:35 Mtre Mayer provides a copy of the petitioner’s judicial records to the judge. 9:40 Rebuttal by Mtre Cabral. Exchanges between the Judge and the parties. 9:43 Recess of the hearing. 10:14 Resumption of the hearing. Exchanges between Mtre Mayer, Mtre Cabral and the judge. 10:16 Mtre Mayer provides a copy of other petitioner’s judicial records to the judge. 10:26 BY THE JUDGE : Judgment – see page 3. 10:37 Conclusion of the hearing. (

s) Lory Beauregard, clerk BY THE JUDGE JUDGMENT [ 1 ] Considering the conditions established in

section 679 of the Criminal Code , and related jurisprudence; THE UNDERSIGNED: [ 2 ] GRANTS the petitioner's motion; [ 3 ] ORDERS the petitioner's release from custody on the following conditions:

a) To make an undertaking, personally or by a designated third party, in the amount of $5000, without deposit;

b) To keep the peace, to be of good conduct and to be present in Court whenever required;

c) To reside at […], St-Léonard;

d) To be in his place of residence between 10:00 p.m. and 6:00 a.m.;

e) To have in his place of residence a landline with no call forwarding service;

f) Not to change his residential address without having obtained the prior authorization of the Court;

g) To abstain from leaving the island of Montreal without having obtained the prior authorization of the Court;

h) To deposit his passport or passports and not to apply for any other passport;

i) Not to communicate or attempt directly or indirectly to communicate with Mycal King Languedoc, Steve Mall, Joseph Lapenna and Bruno Forte;

j) Not to be found with a radius of 500 metres of the residence and place of employment or place of education of Mycal King Languedoc, Steve Mall, Joseph Lapenna and Bruno Forte;

k) Not to consume any alcoholic drinks or drugs, except in accordance with a medical prescription;

l) Not to be found in restaurants, bars, discotheques or any other licensed establishments except to consume a meal;

m) To register not later than the 4 th of January, 2019, in therapeutic programs with Alcoholics Anonymous and Narcotic Anonymous;

n) To 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);

o) To surrender to the Rivière-des-Prairies Detention Center no later than 4:00 pm on the day prior to the hearing of the appeal;

p) To have in his physical possession a copy of the present conditions at all times when he is not in his place of residence. [ 4 ] ORDERS that the present undertaking subscribed before a justice of the peace assigned for such purpose prior to the petitioner being released from custody. PATRICK HEALY , J.A.