2023 QCCA 749, 2023 QCCA 749

Blacksmith c. R. 2023 QCCA 749 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF QUEBEC No.: 200-10-004056-235 (614-01-004107-211) MINUTES OF THE HEARING DATE: June 6, 2023 THE HONOURABLE MICHEL BEAUPRÉ, J.A. APPELLANT COUNSEL CHRISTOPHER BLACKSMITH Mtre ELISABETH BEAUCHAMP (ABSENT) (Desjardins, Côté) RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre ESTHER MATTE (ABSENT) (Director of Criminal and Penal Prosecutions) On appeal from a judgment rendered on September 1, 2022 by the Honourable Dominique Wilhelmy of the Court of Québec, District of Abitibi.

DESCRIPTION: Motion for interim release from custody ( s. 679(1) (b)

(4) Cr.C . ) Clerk at the hearing: Alexandra Fortin Courtroom: 4.30 HEARING Given that the Respondent did not challenge the motion, the parties were excused from appearing in Court; Judgment.

Alexandra Fortin, clerk at the hearing JUDGMENT [ 1 ] CONSIDERING the Appellant’s Motion for interim release from custody pending the determination of his appeal concerning the sentence imposed on him on September 1, 2022, by the Court of Québec, Criminal and Penal Division, District of Abitibi (the Honourable Dominique Wilhelmy); [ 2 ] CONSIDERING the Appellant’s affidavit and the exhibits appended to his motion, including the Gladue report; [ 3 ] CONSIDERING that, since the sentence was imposed and since the Appellant began to serve his term of imprisonment thereunder, Parliament eancted, on November 17, 2022, the Act to amend the Criminal Code and the Controlled Drugs and Substances Act , [1] which, among other measures, repealed the mandatory minimum sentence set out in former s. 244.2 (1) (b)(3)(

b) of the Criminal Code ; [ 4 ] CONSIDERING the judgment rendered by the Supreme Court of Canada on January 27, 2023, in R. v. Hills ( 2023 SCC 2 ); [ 5 ] CONSIDERING the criteria set out in s. 679 (4) of the Criminal Code ; [ 6 ] CONSIDERING that the Respondent does not object to the Appellant’s motion, nor to the conditions of release set out hereafter; FOR THESE REASONS, THE UNDERSIGNED: [ 7 ] GRANTS the Appellant’s Motion for interim release from custody ; [ 8 ] ORDERS that the Appellant, Christopher Blacksmith, be released from custody pending the determination of his appeal, on the following conditions: - Keep the peace, be of good behaviour and attend in Court whenever required;

- Reside at his parents’ home at [...], Mistassini, Quebec, [...], at all times, seven (7) days a week, between 8 p.m. and 7 a.m., except to attend AA meetings; - Attend all AA meetings available in Mistassini; - Abstain from consuming any alcohol, drug or illegal substance; - Surrender any passport and abstain from requesting the issuance or renewal of a passport; - Make a request for services with the Cree Corrections and Reintegration Work in Mistassini within seven (7) days of his release, and follow any recommendation made by staff of the Corrections and Reintegration Work/Cree Nation Government Justice Committee in Mistassini; - Report to the Eeyou Eenou Police Force of Mistassini once a week, at least 4 days separating each reporting; - Not own nor use or carry any weapon and/or ammunition; - Should his appeal be dismissed or should the judgment to be rendered by the Court result in a remaining period of imprisonment to be served, surrender himself into the custody of the correctional authorities forthwith or within such period of time as determined by the Court or one of its judges. [ 9 ] ORDERS that the present undertaking be entered into by the Appellant before a justice of the peace assigned for such purpose prior to the Appellant being released from custody; [ 10 ] AKNOWLEDGES the written confirmation of Louise Coonishish, Community Justice Officer, dated May 26, 2023, that the Cree Nation Government Department of Justice and Correctional Services will be able to provide services to the Appellant, have him participate in projects and work with him during his interim release.

MICHEL BEAUPRÉ, J.A. Mtre Elisabeth Beauchamp DESJARDINS, CÔTÉ For the Appellant Mtre Esther Matte DIRECTOR OF CRIMINAL AND PENAL PROSECUTIONS For the Respondent Date of hearing: June 6, 2023