2022 QCCA 952, 2022 QCCA 952

Giannelli c. R. 2022 QCCA 952 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007780-222 ( 500-01-182417-185 ) MINUTES OF HEARING DATE: May 20, 2022 THE HONOURABLE MARK SCHRAGER, J.A. APPELLANT COUNSEL Domenico Giannelli Mtre Michel F. Perreault RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre Mathieu Locas ( Director of Penal and Criminal Prosecutions ) By videoconference DESCRIPTION: Motion for release from prison ( Section 679(1)

a) Cr.C .). Clerk at the hearing : René Gutknecht Courtroom: RC-18 HEARING 9:32 Commencement of the hearing. Identification of counsel. 9:33 Discussion between the Court and the counsel. 9:36 BY THE JUDGE: Judgment – see page 3. 9:37 Conclusion of the hearing. René Gutknecht, Clerk at the hearing

JUDGMENT [ 1 ] The Applicant has appealed with leave from the judgment rendered on July 29, 2021 by the Cour du Québec, District of Montreal (the Honourable Mylène Grégoire), on three counts of possession of controlled substances. [ 2 ] Sentence was imposed on May 6, 2022, which included forty-two months of imprisonment on each count, concurrently. [ 3 ] The Applicant seeks his release pending the appeal.

The prosecution does not contest. [ 4 ] I am satisfied that the criteria for release in section 679 (3) Criminal Code are met. [ 5 ] The issues raised in appeal are not frivolous; indeed, leave was granted by a judge of the Court. [ 6 ] The Applicant has ties to the community and was on bail throughout the process in first instance and as such does not appear to be a flight risk.

He does not appear to be a danger and, in all of the circumstances, public confidence in the administration of justice will not be undermined by his release during the appeal process, subject to the conditions which have been jointly submitted. FOR ALL THE FOREGOING REASONS, THE UNDERSIGNED: [ 7 ] GRANTS the motion for interim release (requête pour mise en liberté); [ 8 ] ORDERS the release from custody of the Applicant Domenico Giannelli while his appeal is pending, subject to the following conditions: (

a) Undertaking with a deposit of $5,000 (i.e. an additional $2,000 to the amount of $3,000 already deposited with the criminal registry of the Court of Quebec); (

b) To reside at 7655, Jean-Brillon Street, Montreal (Borough of LaSalle); (

c) Not to change address without prior authorization from the Court; (

d) Not to leave the province of Quebec; (

e) Deposit any passport with the Court or the Court of Quebec and not to apply for a passport; (

f) Not to communicate or attempt to communicate in any way with: o Nathalie Fairfax o Benoît Benson Joseph o Vincent Williamson (

g) Not to be in any place where illegal drugs are used, sold, trafficked, or distributed (

h) Not to possess or carry, for any reason, offensive or restricted weapons, or imitation weapons, including starter pistols and pellet guns, firearms, crossbows, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition or explosive substances, knives (except in restaurants and for legitimate purpose) or edged weapons; (

i) Surrender to the prison authorities within 72 hours of the withdrawal of his appeal or the rendering of the judgment of the Court dismissing his appeal, as the case may be, or before the expiration of such other delay as may be fixed by this Court.

[ 9 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purposes prior to the Applicant being released from custody. MARK SCHRAGER, J.A.