2019 QCCA 1286, 2019 QCCA 1286

M.M. c. Minister of Justice Canada 2019 QCCA 1286 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006232-167 (500-36-005664-100) MINUTES OF THE HEARING DATE: July 18, 2019 THE HONOURABLE MARTIN VAUCLAIR , J.A. PETITIONER COUNSEL M. M. ALIAS M. M. Mr.

SAMUEL MCAULIFFE (Intern) for Mtre MARIE-HÉLÈNE GIROUX (Me Marie-Hélène Giroux Avocate inc.) RESPONDENT COUNSEL MINISTER OF JUSTICE CANADA Mtre CONSTANTINA ANTONOPOULOS (Minister of Justice Canada) IMPLEADED PARTY COUNSEL THE UNITED STATES OF AMERICA Mtre CONSTANTINA ANTONOPOULOS (Minister of Justice Canada) DESCRIPTION: MOTION TO VARY CONDITIONS OF RELEASE PENDING THE APPEAL TO THE SUPREME COURT OF CANADA (s. 679 Cr. C . and s. 31 and 47 of the Rules of the Court of appeal in Criminal Matters ).

Clerk: Stephane Robinson Courtroom: RC-18 HEARING 11:45 Continuation of the hearing held on July 16 th 2019. Commencement of the hearing. Identification of counsel. 11:45 Exchanges between the parties and the judge. 11:54 BY THE JUDGE : Judgment – see page 3. 11:55 Conclusion of the hearing. (

s) Stephane Robinson Clerk BY THE JUDGE JUDGMENT [ 1 ] On April 30, 2019, I agreed to conditions suggested by counsel, except for one. The Petitioner was to be at her residence 19.5 hours a day. As written that condition was not enforceable in any way and counsel agreed. I instead suggested that Petitioner be present at her residence between 7:30 AM and 8 PM with exceptions. Again, counsel agreed. [ 2 ] The Petitioner now asserts in her application to vary the conditions that she needs four hours each day to run errands. She wishes that her obligation to be at her residence be formulated as it was.

She also says the conditions, as suggested on April 30, contain errors. It seems that her daughter Y. lives in Town A and not Town B. As well, her other daughter Z. lives in Town B and no conditions provides an exception to visit her.

As a result, Petitioner seeks to have the conditions varied to allow her to visit both her daughters and to have four hours each day to run errands. [ 3 ] The application was to be heard on July 11, 2019, but the petitioner had not submitted the affidavit needed to explain the modification sought or filed an agreed statement of facts as per s. 31 of the Rules of the Court of Appeal of Quebec in Criminal Matters , SI/2018-96 . The affidavit is now filed. [ 4 ] I am satisfied that the conditions can be varied as suggested, except for one. In my opinion, conditions must be enforceable.

Leaving to the Petitioner to decide when she must be at her residence is not an enforceable condition. I do not agree to modify condition 5 as proposed. Counsel agreed to the suggestion to allow time for the Petitioner to run errands, attend various appointments for herself or otherwise be out of her residence on weekdays, but not on weekends. Condition 5e) will be added accordingly. [ 5 ] The other conditions can be varied as suggested. Condition 5b) will be corrected to Quebec City and condition 5d) will authorize visiting her daughter in Town B.

Hours to return to her residence on those occasions will be extended to 8 PM when her curfew begins. FOR THESE REASONS, the undersigned : [ 6 ] GRANTS the motion;

[ 7 ] ORDERS that the conditions of the petitioner’s release be varied as follows: 5. Be at [...], in Town C, QC [...] except : a. for medical emergencies involving her, one of her children or her mother D. N.; b. on Tuesdays and Thursdays between 9 AM and 8 PM to visit her daughter Y. M. in Town A, Quebec; c. to report to the S.Q. office pursuant to condition 11. d. on Tuesdays and Thursdays between 9 AM and 8 PM to visit her daughter Z.

M. in Town B, Quebec ; e. between 9 AM and 1 PM on Mondays, Wednesdays and Fridays and between NOON and 4 PM on Tuesdays and Thursdays ; [ 8 ] ORDERS that the conditions of release be confirmed in all other respects; [ 9 ] ORDERS that an undertaking to comply with these amended conditions be given before a justice of the peace assigned to such matters before the changes take effect. martin vauclair , J.A.