2023 QCCA 664, 2023 QCCA 664

McKillop c. R. 2023 QCCA 664 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007909-227 ( 550-01-105293-189 ) MINUTES OF HEARING WARNING : The trial court made an order under s. 486.4(1) 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 directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way.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: February 21, 2023 CORAM: THE HONOURABLE MARTIN VAUCLAIR, J.A. STÉPHANE SANSFAÇON, J.A. PETER KALICHMAN, J.A.

APPELLANT COUNSEL Hamish McKillop Mtre Diane Magas RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre Francis Villeneuve-Ménard ( Director of Criminal and Penal Prosecutions ) DESCRIPTION: Motion for release from prison. Clerk at the hearing : Annabelle M- Trudel Courtroom: Pierre-Basile-Mignault HEARING 9:19 Continuation of the hearing held on February 20, 2023. 9:20 Question by the Court about the necessity of the condition #1.

Responses by Mtre Villeneuve-Ménard and Mtre Magas. 9:22 Observation by the Court about the modification of the condition # 12. 9:23 Questions by the Court about the necessity of the condition # 13. Responses by Mtre Villeneuve-Ménard and Mtre Magas.

9:25 BY THE COURT: Judgment – see page 3. 9:26 Conclusion of the hearing. Annabelle M-Trudel, Clerk at the hearing JUDGMENT WARNING : The trial court made an order under s. 486.4(1) 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 directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way.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 ] On February 20, 2023, the Court granted the appellant’s motion to extend time to appeal the sentence and leave to appeal the sentence received on June 9, 2021.

The sentence was 21 months of imprisonment followed by probation for a period of 2 years with supervision. [ 2 ] On the same date, the appellant presented a motion for judicial release pending the appeal. Such a motion is usually presented before a judge of the Court, thus preserving an appellant’s right to avail himself of the review mechanism provided by

section 680 Cr.C . However, in the circumstances, the respondent does not oppose bail and the Court finds it should dispose of the motion. [ 3 ] That said, the motion was nevertheless postponed for the appellant to file the necessary affidavit, as per

section 31 of the Rules of the Court of Appeal of Quebec in Criminal Matters , SI/2018-96 and for counsel to provide the Court with reasonable and relevant conditions under which the appellant would be released. [ 4 ] The uncontested affidavit was filed and suggestions for bail conditions were received. [ 5 ] Considering the motion, the affidavit and the suggested conditions, the Court is convinced that the appellant satisfies the requirements of s. 679(4) Cr.C .; FOR THESE REASONS, THE COURT: [ 6 ] GRANTS the motion; [ 7 ] ORDERS the release of the appellant pending his appeal, subject to the following conditions: 1.

Keep the peace, be of good behaviour and attend court whenever required; 2. Reside at [...], Gatineau, Quebec; 3. Not change address without prior authorization from this Court or one of its judges; 4. Maintain his work with Global Affairs Canada and advise the Court, in advance and in writing, of any change in his employment situation; 5. Not communicate, directly or indirectly, in any way, with J. A. and not to be within 100 metres of her residence, place of employment or place of study; 6. Not be in the physical presence of J. A.; 7. Not refer directly or indirectly to J. A. on social media; 8.

To expressly refrain from possessing, carrying or acquiring, for any reason, weapons, offensive weapons, or imitation weapons, including starting pistols and pellet guns, firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, explosive substances, knives (except in restaurants or at his home and for a legitimate purpose) or edged weapons; 9.

Surrender his passport within 72 hours of his release from prison to the clerk's office of the Court of Quebec in the district of Gatineau, located at 17 Laurier Street, Gatineau, Quebec, to be kept in file bearing number 550-01-105293-189; 10. Not apply for a new passport; 11. Not leave Canada; 12. Surrender into custody at the Hull Detention Centre, within 72 hours of the judgment of the Quebec Court of Appeal dismissing his appeal or the abandonment of the appeal or in such other delay as may be set by the Court or one of its judges.

[ 8 ] ORDERS that this undertaking be entered into before a Justice of the Peace assigned for that purpose before he is released. MARTIN VAUCLAIR, J.A. STÉPHANE SANSFAÇON, J.A. PETER KALICHMAN, J.A.