2021 QCCA 1947, 2021 QCCA 1947

Hoy c. R. 2021 QCCA 1947 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF QUEBEC No.: 200-10-003926-214 (610-01-008110-201) MINUTES OF THE HEARING WARNING : Order restricting publication: On August 10, 2021 the Court of Quebec (the Honourable Dominique Wilhelmy), District of Temiscamingue, made an order under s. 486.4 Cr.C . directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way. DATE: December 21, 2021 THE HONOURABLE SUZANNE GAGNÉ, J.A.

APPELLANT COUNSEL TYLER HOY Mtre VICTORIA NIX (Boro, Frigon) Mtre BRENDAN COFFEY (Bayne, Sellar) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre ÉMILIE LAROSE (Director of Criminal and Penal Prosecutions)

On appeal from a judgment rendered on October 1, 2021 by the Honourable Dominique Wilhelmy of the Court of Quebec, District of Temiscamingue. DESCRIPTION: Motion for interim release ( s. 679(1) Cr.C . ) Clerk at the hearing : Alysson Roussel Courtroom: 4.30 – videoconference HEARING 9:28 a.m. Calling of the file and identification of the parties; 9:29 a.m. The judge addresses the parties; Discussion between the judge and the parties; Judgment; 9:30 a.m. End of the hearing.

Alysson Roussel, Clerk at the hearing JUDGMENT WARNING : Order restricting publication: On August 10, 2021 the Court of Quebec (the Honourable Dominique Wilhelmy), District of Temiscamingue, made an order under s. 486.4 Cr.C . directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way. [ 1 ] Tyler Hoy seeks release from custody pending the determination of his appeal pursuant to s. 679 Cr.C . [ 2 ] The respondent does not contest Mr.

Hoy’s submission that the circumstances in which he may be released, as set forth in s. 679(3) Cr.C . , have been satisfied, namely: the appeal is not frivolous; Mr. Hoy will surrender himself into custody in accordance with the terms of the order; and his detention is not necessary in the public interest. [ 3 ] In the circumstances, sufficient proof has been made that the requirements of s. 679(3) Cr.C . have been met. FOR THE FOREGOING REASONS , THE UNDERSIGNED: [ 4 ] GRANTS the motion;

[ 5 ] ORDERS the release of the Appellant, Tyler Hoy, pending the determination of his appeal from his conviction, on the following conditions: - Keep the peace, be of good conduct, and appear in court whenever required; - Reside at [...], Mountain, Ontario, [...] and not change address without the prior authorization of the Court of Appeal or one of its judges; - Remain in the provinces of either Ontario or Quebec; - Deposit any passport with the Clerk of the Court of Quebec, Judicial District of Temiscamingue, to be kept in file number 610-01- 008110-201; - Refrain from applying for any passport; - Abstain from communicating or attempting to communicate, directly or indirectly, in any way whatsoever, with K.C.; - Abstain from being within 100 metres of K.C.; - Abstain from being within 100 metres of the residence, place of employment, or place of study, of K.C.; - Refrain from referring to K.C. on any social media; - Leave every public establishment where K.C. is present; - Keep at all times on his person, upon his release, a copy of these conditions; - Surrender to the prison authorities within 24 hours of the abandonment of his appeal; - Surrender to the prison authorities within 72 hours of the delivery of the judgment of the Court of Appeal of Quebec dismissing his appeal or before the expiry of any time limit that may be set by this Court or one of its judges. [ 6 ] 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.

SUZANNE GAGNÉ, J.A.