2017 QCCA 2045, 2017 QCCA 2045

O'Reilly c. R. 2017 QCCA 2045 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005612-146 (500-01-002508-080) MINUTES OF THE HEARING DATE: December 19, 2017 THE HONOURABLE MARK SCHRAGER, J.A. APPLICANT COUNSEL GERALD O’REILLY Mtre FRANCIS VILLENEUVE-MÉNARD (Schurman Grenier Strapatsas) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre ALIK-hasmig DIKIJIAN (Directeur des poursuites criminelles et pénales) DESCRIPTION: Motion for permission to vary conditions of release (

Section 515.1 of the Criminal Code ) Clerk: Robert Osadchuck Courtroom: RC-18

HEARING 9:40 Commencement of the hearing. Identification of counsel. The motion is not contested. 9:40 Representations by Mtre Villeneuve-Ménard. 9:41 Judgment – see page 3. Robert Osadchuck Clerk BY THE JUDGE JUDGMENT [ 1 ] SEEING the Motion for permission to change conditions of release and the consent on the part of the Crown to the conditions more fully detailed below in the conclusions of this judgment; THE UNDERSIGNED : [ 2 ] GRANTS the Applicant’s Motion and orders that point IV. and IX. of the Applicant’s Conditions of release be modified as follows: IV .

The petitioner may leave the Province of Quebec from December 18, 2017, to January 8, 2018 to visit family in the province of Ontario when he will reside at : a. […] East York (Toronto), Ontario; b. […], Ottawa, Ontario; or c. a hotel in Toronto, provided that the petitioner has disclosed the name and the address of that hotel to the Sûreté du Québec before his departure; IX .

As of September 27, 2017, the Applicant shall report to the Sûreté du Québec (1701, Parthenais Street, Montréal), every two weeks, on Wednesday, between 9 am and 5 pm, and sign the register, this condition being suspended when a Wednesday coincides with a statutory holiday, except on Wednesday December 20, 2017, and January 3, 2018, when the Applicant shall report by phone to the Sûreté du Québec (514-598-4511) between 9 am and 5 pm.; [ 3 ] ORDERS that an undertaking to comply with these modified conditions be given before a justice of the peace assigned to such matters, within twenty-four hours.

MARK SCHRAGER , J.A.