2019 QCCA 1102, 2019 QCCA 1102

Shahid c. R. 2019 QCCA 1102 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006999-195 (500-01-127525-159) MINUTES OF THE HEARING DATE: June 17, 2019 THE HONOURABLE MARIE-FRANCE BICH , J.A. APPELLANT COUNSEL IMRAN SHAHID Mtre Annie Giguère-Deraps (Guttman & Marier) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre Louis Philippe Meek Baillot (Director of Criminal and Penal Prosecutions) DESCRIPTION: Motion to be released from custody (s. 679(1) Cr.C .) . Clerk: Stephane Robinson Courtroom: RC-18

HEARING 9:34 Commencement of the hearing. At this time, Mtre Giguère-Deraps is absent. Recess of the hearing. 9:44 Resumption of the hearing. At this time, Mtre Giguère-Deraps is present. Exchanges between the Judge and Counsel. 9:47 Suspension of the hearing. 9:52 Resumption of the hearing. 9:53 Considering that the motion is not being contested by the respondent and that the parties, through Counsel, agree on the relevant facts, the judge has waived the filing of the affidavit required by s. 31 of the Rules of the Court of Appeal of Quebec in criminal Matters . 9:55 Exchanges between the Judge and Counsel. 9:59 BY THE JUDGE : Judgment – see page 3. 10:01 Conclusion of the hearing. (

s) Stephane Robinson Clerk BY THE JUDGE JUDGMENT [ 1 ] By judgment dated January 28, 2019, the applicant was found guilty of two counts of fraud ( s. 380(1)

a) Cr.C . ). On February 27, 2019, he filed a notice of appeal as of right against his conviction. On June 7, 2019, the following sentence was rendered: 10 months of imprisonment on one count and 6 months on the other, to be served concurrently. [ 2 ] The applicant now seeks to be released pending his appeal. The respondent does not contest his application. [ 3 ] The application, which fulfills the conditions of s. 679(1)

(3) Cr.C . for release pending the determination of the appeal, will be granted, the parties furthermore agreeing on a set of release conditions that are reasonable, subject to some minor changes that were discussed with Counsel. FOR THE FOREGOING REASONS, THE UNDERSIGNED: [ 4 ] GRANTS the application; [ 5 ] ORDERS the applicant Imran Shahid to be released from custody pending the determination of his appeal, subject to the following conditions: 1. Keep the peace, be of good behaviour and attend Court whenever required; 2. Reside at […], Brossard Qc […] ; 3.

Not change address without prior authorization from the Court or one of its judges; 4. Remain in the province of Québec, except with the prior authorization of the Court or one of its judges; 5. Abstain from seeking, obtaining or continuing any employment or becoming or being a volunteer in any capacity that involves authority over real property, money or valuable securities of another person; 6.

Surrender himself into the custody of the Établissement de détention de Montréal (Bordeaux) within 48 hours of the rendering of a judgment dismissing his appeal or within any delay prescribed at any time by this Court or one of its judges; 7. Should the appellant discontinue his appeal, surrender himself immediately into the custody of the Établissement de détention de

Montréal (Bordeaux); [ 6 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose prior the applicant being released from custody. MARIE-FRANCE BICH , J.A.