2022 QCCA 1420, 2022 QCCA 1420

Choucair c. R. 2022 QCCA 1420 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007754-227 ( 550-01-111094-191 ) MINUTES OF HEARING DATE: October 17, 2022 THE HONOURABLE STEPHEN W. HAMILTON, J.A. APPELLANT COUNSEL Nayef Choucair Mtre Jolen Hansell ( AGP ) By videoconference RESPONDENT COUNSEL Her Majesty the KING Mtre Isabelle Michaud ( Directeur des poursuites criminelles et pénales ) By videoconference DESCRIPTION: Motion to modify the conditions of a release order (

Section 679 C.cr .) Clerk at the hearing : Ariane Simard-Trudel Courtroom: RC-18 HEARING 9:43 Commencement of the hearing. Identification of counsel. Discussion between the judge and the parties. 9:47 BY THE JUDGE : Judgement – see page 3. Conclusion of the hearing.

Ariane Simard-Trudel, Clerk at the hearing JUDGMENT [ 1 ] The Appellant was released from custody during his appeal by order issued on February 18, 2022.

The conditions of his release mirrored those imposed on him in an ongoing file in Ontario. [ 2 ] All charges in Ontario were dismissed on September 26, 2022. [ 3 ] The Appellant now asks to modify the conditions of his release so as to remove the conditions that had been added to mirror his conditions in the Ontario file. [ 4 ] The Respondent consents to the motion. [ 5 ] The motion appears to be well founded and to respect the conditions set out in s. 679(3) Cr.C .

THEREFORE THE UNDERSIGNED: [ 6 ] GRANTS the Appellant’s motion to modify the conditions of a release order; [ 7 ] ORDERS that the Appellant’s release from custody be subject to the following conditions: 1) Reside at [...], Ottawa, Ontario, [...]. 2) Do not reside at any other address without the permission from the Quebec Court of Appeal. 3) Be at your residence or in the presence of one of your sureties between the hours of 22h00 and 6h00, EXCEPT: for the purposes of your employment with Stars4Cars. 4) You must notify the Quebec Court of Appeal of any changes in your employment. 5) Do not possess: • a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all those things until dealt with according to the law ( s. 515(4.1) of the Criminal Code ), • any weapon(

s) as defined by the Criminal Code (for example, but restricted to, a pellet gun, firearm, imitation firearm, cross-bow, prohibited or restricted weapon or device, ammunition or explosive substance or anything designed to be used or intended for use to cause death or injury or to threaten or intimidate any person), • or any imitation of the above. 6) Do not possess or consume any unlawful drugs or substances (referred to in the Controlled Drugs and Substances Act) except with a valid prescription in your name. 7) Promise to pay $10,000 to the Court of Appeal for Quebec if you fail to comply with this release order. 8) Obtain that your sureties, Jennifer Band and Maha El-Bairam, promise to pay $10,000 and $1,000 respectively to the Court of Appeal for Quebec if they fail to comply with their obligations as sureties. [ 8 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose.

STEPHEN W. HAMILTON, J.A.