2018 QCCA 1027, 2018 QCCA 1027

Robbins c. R. 2018 QCCA 1027 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005985-153 (500-01-071663-121 SEQ.ACC. 001) MINUTES OF THE HEARING DATE: May 15, 2018 CORAM: THE HONOURABLE JEAN BOUCHARD , J.A. JACQUES J. LEVESQUE , J.A. MANON SAVARD , J.A. APPELLANT COUNSEL TIMOTHY ROBBINS Mtre Mia Manocchio Mtre Jordan Trevick (Yves Ménard avocats Inc) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre CHRISTIAN JARRY (Directeur des poursuites criminelles et pénales) IMPLEADED PARTY COUNSEL SIMON GOSSELIN Mtre YANN TRIGNAC (Yann Trignac, avocat)

On appeal from a judgment rendered on October 5, 2015 by the Honourable Justice Manon Ouimet of the Quebec Court, District of Montreal. DESCRIPTION : Sexual assault Clerk: Mihary Andrianaivo Courtroom: Pierre-Basile-Mignault HEARING 11:26 Beginning of the hearing. Exchanges between the Court and the Parties regarding condition number 10 of the release conditions issued on June 23, 2016 by the Honourable Justice Marie-France Bich, J.A. ordering the Appellant to surrender to the Rivière-des-Prairies Detention Centre no later than 4:00 pm on the day prior to the hearing of his appeal.

Mtre Mia Manocchio submits that she completely forgot about the said condition until the issue was raised by the Respondent, this morning. She points out that the Appellant is currently in Toronto and that he has never breached his release conditions. Mtre Manocchio adds that she talked with the Appellant about the situation and the latter would be now on his way to the Rivière-des-Prairies Detention Centre. In spite of the situation, Mtre Manocchio requests the Court to proceed with the hearing. 11:34 Recess. 11:36 Resumption of the hearing. The Court grants Mtre Manocchio’s request to proceed with the hearing.

Submissions by Mtre Manocchio. 12:00 Submissions by Mtre Jordan Trevick. 12:14 Submissions by Mtre Christian Jarry. 12:52 Me Manocchio does not have any rebuttal. Me Yann Trignac supports submissions by Mtre Jarry. 12:53 Recess. 13:07 Resumption of the hearing. The Court has taken the appeal under advisement, meanwhile it issues an order amending the Appellant’s release conditions – See page 4. Conclusion of the hearing. Mihary Andrianaivo Clerk

BY THE COURT JUDGMENT [ 1 ] The Courts modifies the judgment rendered by Justice Bich, J.A. on June 23, 2016 with regard exclusively to condition number 10 stated at paragraph 5, which will now read as follows : Surrender to the Rivière-des-Prairies Detention Centre no later than 48 hours upon the Court judgment dismissing his appeal. JEAN BOUCHARD, J.A. JACQUES J. LEVESQUE, J.A. MANON SAVARD, J.A.