2020 QCCA 1763, 2020 QCCA 1763

R.W. c. R. 2020 QCCA 1763 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007000-191 , 500-10-007333-204 ( 500-01-138854-168 ) MINUTES OF THE HEARING THIS JUDGMENT IS PROTECTED BY AN ORDER UNDER

SECTION 486.4 OF THE CRIMINAL CODE RESTRICTING THE PUBLICATION OF ANY INFORMATION THAT COULD IDENTIFY THE VICTIMS. DATE : December 18, 2020 THE HONOURABLE MARIE-FRANCE BICH, J.A. No: 500-10-007000-191 APPELLANT COUNSEL R. W. Mtre CATHERINE SOUCY Absent RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre BRUNO MÉNARD ( Director of Criminal and Penal Prosecutions ) Absent No: 500-10-007333-204 APPLICANT COUNSEL R. W. Mtre CATHERINE SOUCY Absent RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre BRUNO MÉNARD ( Director of Criminal and Penal Prosecutions ) Absent

DESCRIPTION: 500-10-007000-191 , 500-10-007333-204 Motion to revoke the modification made to the suspension of the sentence undertaking ( Article 683(5) of the Criminal Code ). Clerk at the hearing : Anne Dumont Courtroom: RC-18 HEARING Considering that the motion is uncontested, the parties are excused from appearing in Court. BY THE JUDGE : Judgment – see page 4. Anne Dumont, Clerk at the hearing JUDGMENT THIS JUDGMENT IS PROTECTED BY AN ORDER UNDER

SECTION 486.4 OF THE CRIMINAL CODE RESTRICTING THE PUBLICATION OF ANY INFORMATION THAT COULD IDENTIFY THE VICTIMS. [ 1 ] The applicant seeks the reinstatement of condition 19-4 of the order rendered on May 22, 2020 by my colleague Cotnam, j.a. suspending, on various conditions, the probation order imposed upon him on April 20, 2020, pending a final decision of the Court on his appeals. [1] Indeed, condition 19-4 was temporarily modified by my colleague Moore, J.A., with the respondent’s consent. [2] In this latter judgment, my colleague noted that: [6] The appellant says he is actively searching for a new place to live. [7] He is now requesting that the conditions set by the judgment dated May 22, 2020 be modified temporarily until he finds a new place to live. [ 2 ] Consequently, he modified condition 19-4 “which now reads as follows: ‘4- Abstain from being within a radius of 200 meters of the domicile, place of work, or school attended by M.Y.B., A.B.F. and T.B.F.’”, [3] adding that “this modification is temporary, lasting the time needed for R.

W. to find a new place to live”. [4] [ 3 ] The applicant, having found such a place, also seeks the modification of condition 19-2 of Cotnam, J.A.’s order, which should now indicate his current residential address. [ 4 ] The respondent agrees with the motion. [ 5 ] Considering all these circumstances, the motion will be granted.

FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] GRANTS the motion; [ 7 ] MODIFIES condition 19-2 of the order of Cotnam, J.A. (May 22, 2020), which will now read as follows: “Reside at [...], Town A, Quebec”; [ 8 ] REINSTATES condition 19-4 of the order of Cotnam, J.A. (May 22, 2020), which reads as follows: “Abstain from being within a radius of 500 meters of the domicile, place of work, or school attended by M.Y.B., A.B.F. and T.B.F.”;

[ 9 ] Reaffirms , as thus modified, the conditions set out in para. 19 of the order of Cotnam, J. A. (May 22, 2020): [19] ORDERS the suspension of the probation order rendered under

section 731 of the Criminal Code by Justice Guylaine Rivest of the Court of Québec on April 20, 2020, pending a final decision of the Court on the appeals, on the following conditions: 1- Keep the peace and be of good behavior; 2- Reside at [...], Town A, Quebec ; 3- Notify the Court of any change of address in advance and in writing; 4- Abstain from being within a radius of 500 meters of the domicile, place of work, or school attended by M.Y.B., A.B.F. and T.B.F.; 5- Abstain from being within 50 meters of M.Y.B., A.B.F. and T.B.F.; 6- Abstain from communicating in any manner with M.Y.B., A.B.F. and T.B.F.; 7- Abstain from consuming any alcoholic beverages; 8- Abstain from having in his possession or using drugs or narcotics, including marijuana, except in accordance with a validly obtained medical prescription; 9- Continue and maintain his collaboration with the Direction de la protection de la jeunesse in regards to his own children. [ 10 ] ORDERS that the present modified undertaking be subscribed before a justice of the peace assigned for such purpose, on December 30, 2020 at the latest.

MARIE-FRANCE BICH, J.A.