2016 QCCA 150, 2016 QCCA 150

Fazio c. R. 2016 QCCA 150 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005927-155 (500-73-003759-129) MINUTES OF THE HEARING DATE: January 21, 2016 THE HONOURABLE ROBERT M. MAINVILLE , J.A. PETITIONER ATTORNEY FRANCESCO FAZIO Mtre PHILIPPE C. LEGAULT (Morneau L'Ecuyer La Leggia Rouleau s.n.) RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre CATHERINE LEGAULT (Service des poursuites pénales du Canada) DESCRIPTION: APPLICATION TO ABRIDGE THE DELAYS AND APPLICATION FOR INTERIM RELEASE Clerk: Shirley Thomas Courtroom: RC-18

HEARING 9: 44 Commencement of the hearing. Identification of counsel. 9: 44 Exchanges between the Judge and the lawyers. 9: 45 By the Judge: Judgment – see page 3. 9: 48 Conclusion of the hearing. SHIRLEY THOMAS Clerk BY THE JUDGE JUDGMENT [ 1 ] WHEREAS there is an appeal from convictions in this file as well as a motion for leave to appeal from convictions on grounds that involve questions of law and facts that was deferred to the bench tasked to hear the appeal; [ 2 ] WHEREAS the Respondent-prosecutor consents to the interim release of the Applicant-accused to conditions jointly submitted to the Court; [ 3 ] Taking into account

section 15 of the Rules of the Court of Appeal of Quebec in criminal matter; [ 4 ] Taking into account paragraph 679(1) of the Criminal Code ; FOR THESE REASONS , the undersigned: [ 5 ] GRANTS the application to abridge the delays of service and presentation of the application for interim release; [ 6 ] GRANTS the application for interim release; [ 7 ] ORDERS the interim release of the Applicant-accused Mr. Francesco Fazio pending the result of his appeal from his conviction, under the following conditions: 1.

A personal deposit on bail towards the Quebec Ministry of Justice for the amount of five thousand dollars ($5,000); 2. Keep the peace, be of good behaviour and attend Court whenever required; 3. Reside at [...], city of Saint-Laurent, province of Quebec, [...]; 4. Not to change his address before and without having obtained permission of this Court or one of its judges; 5. Remain physically within Canada; 6. Present himself to sign the registry at the Quebec RCMP headquarters located at 4225 Dorchester Street in Montreal every two weeks, starting Monday the 25 th of January 2016;

7. Within one week of his release, deposit his passport with RCMP officer Pierre Breton or any other officer of the RCMP designated by him at 4225 Dorchester Street in Montreal; 8. Not to communicate directly of indirectly with: S. A., St. C., A. A., So. A., T. A., G. Ts., C. M., L. D. and P. L.; 9. Not to be in the physical presence of: S. A., St. C., A. A., So. A., T. A., G. Ts., C. M., L. D. and P. L.; 10.

Constitute himself prisoner to the carceral authorities as soon as his appeal would be dismissed or before any delay determined by the Court or one of its judges; [ 8 ] ORDER that this undertaking be made in front of a justice of the peace assigned to this end before Mr. Francesco Fazio be released. ROBERT M. MAINVILLE , J.A.