2015 QCCA 1345, 2015 QCCA 1345

Provost c. Canada (Attorney General) (United States of America) 2015 QCCA 1345 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005578-149 (500-36-007048-146) MINUTES OF THE HEARING DATE: August 12, 2015 THE HONOURABLE NICHOLAS KASIRER, J.A. PETITIONER ATTORNEY MARCEL RENÉ PROVOST Mtre JACK Y. HENDLER (Jack Y. Hendler) RESPONDENT ATTORNEY ATTORNEY GENERAL OF CANADA representing the United States of America Mtre cLAUDINE DIB (Department of Justice Canada) DESCRIPTION: Motion for release pending determination of appeal before the Supreme Court of Canada ( Section 679 (1) (

c) Criminal Code Clerk: Robert Osadchuck Courtroom: RC-18

HEARING 9:49 Commencement of the hearing. Identification of counsel. 9:49 Exchanges between the judge and counsel for the parties. 9:52 Recess. 10:38 Resumption of the hearing. 10: 38 Representations by Mtre Dib. 10:40 Representations by Mtre Hendler. 10:44 Judgment – see page 3. Robert Osadchuck Clerk BY THE JUDGE JUDGMENT [ 1 ] Marcel Provost asks for judicial interim release pending the determination of his appeal before the Supreme Court of Canada.

His motion is not contested. [ 2 ] Having given due consideration to the motion, to the notice of application for leave to appeal before the Supreme Court, as well as the reasons for judgment in his appeal to this Court ( 2015 QCCA 1172 ). [ 3 ] Having considered the reasons for judgment given by my colleague Doyon, J.A., granting the petitioner release during his appeal before this Court ( 2014 QCCA 1763 ). [ 4 ] Having considered as well the explanation of counsel for the respondent as to why judicial interim release is not contested here. [ 5 ] I am of the view that, subject to the conditions set out below, the petitioner has satisfied the requirements of s. 679 (1) (

c) and s. 679 (3) Cr.C . He has established that his grounds for appeal are not futile, that he will surrender himself into custody in accordance with the terms of the order and that his detention is not necessary in the public interest.

FOR THE AFOREMENTIONED REASONS , the undersigned: [ 6 ] GRANTS the motion for judicial interim release pending determination of his appeal to the Supreme Court of Canada; [ 7 ] ORDERS the release of the petitioner Marcel René Provost upon the following conditions: ▪ Maintain the deposit of $2 000 already made at the Office of the Superior Court by Denise Marchand , a third party; ▪ Maintain the undertaking already made by Denise Marchand, a third party, in the amount of $5 000 without deposit, in the form of a GIC that becomes due on August 22, 2015 and in the amount of $3 000 without deposit, in the form of a GIC that comes due on July 23, 2017; ▪ Keep the peace, be of good conduct and be present in Court whenever required; ▪ Reside at: […], Montréal; ▪ Not change his residential address without having obtained the prior authorization of the Court of Appeal or one of its judges; ▪ Abstain from leaving the Province of Quebec without having obtained the prior authorization of the Court of Appeal or one of its judges; ▪ Refrain from taking his two passports from the Office of Superior Court and abstain from applying for a new one; ▪ Not be found in the presence of anyone under the age of 18 years except in the company of at least one adult; ▪ Be in his residence between 10:00 p.m. and 6:00 a.m., except for medical emergency or work purposes; ▪ Answer any tele phone call made to his residence between 10:00 p.m. and 6:00 a.m.;

▪ Not communicate or attempt to communicate with the victim; ▪ Report in person, to the RCMP station located at 4225, Dorchester Blvd, Westmount, every Wednesday between 8:00 a.m. and 4:00 p.m. and sign the register, beginning on August 19, 2015; ▪ Abstain from possessing or carrying for any reason whatsoever offensive or restricted weapons, or an imitation thereof, including revolvers, starting guns, pellet guns, firearms, crossbows, prohibited weapons, restricted use weapons, prohibited devices, ammunition or explosive substances, knives (except in a restaurant and for a legitimate purpose); ▪ Surrender to the Rivière des Prairies Detention Center no later than 4:00 p.m. on the day prior to the hearing of his appeal before the Supreme Court of Canada.

The petitioner acknowledges having been informed that his failure to do so may result in the petition being dismissed without a hearing; [ 8 ] ORDERS that an undertaking of these conditions be given by the petitioner before a justice of the peace assigned to such matters prior to his release. NICHOLAS KASIRER , J.A.