2021 QCCA 1299, 2021 QCCA 1299

K.C. c. R. 2021 QCCA 1299 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007493-214 ( 760-01-094235-196 ) MINUTES OF HEARING WARNING: A NON-PUBLICATION AND NON-BROADCAST ORDER IN THIS PROCEEDING HAS BEEN ISSUED IN FIRST INSTANCE UNDER SUBSECTION 486.4(1) CR.C . DATE: August 26, 2021 THE HONOURABLE PATRICK HEALY, J.A. APPELLANT COUNSEL K. C. Mtre Jordan Trevick M tre Benjamin Wilner ( Shadley Bien-Aimé ) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre Patrick Cardinal ( Director of Criminal and Penal Prosecutions ) By videoconference DESCRIPTION: Motion for release from prison pending appeal (Art. 679(1)

a) CR.C. ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 9:31 Commencement of the hearing. Identification of counsel. Preliminary comments. 9:34 Submissions by Mtre Cardinal. 9:43 Submissions by Mtre Wilner.

10:01 BY THE JUDGE: Judgment – see page 3. 10:06 Discussions between the parties on the conditions for release. 10:20 Conclusion of the hearing.

Mélanie Camiré, Clerk at the hearing JUDGMENT WARNING: A NON-PUBLICATION AND NON-BROADCAST ORDER IN THIS PROCEEDING HAS BEEN ISSUED IN FIRST INSTANCE UNDER SUBSECTION 486.4(1) CR.C . [ 1 ] The Petitioner has presented a motion for interim release pending appeal. [ 2 ] The grounds of appeal are stated largely in general terms but it cannot be said at this stage that they are futile or entirely without merit. [ 3 ] Without further comment on the content of these grounds, the motion for interim release may be granted in accordance with the principles stated by the Supreme Court in Oland v. The Queen , 2017 SCC 17 .

THEREFORE, THE UNDERSIGNED: [ 4 ] GRANTS the motion of the appellant; [ 5 ] ORDERS the appellant’s release from custody on the following conditions:

a) Keep the peace and be of good behaviour;

b) Live at [address 1], in Cornwall, Ontario, [...];

c) Not to change his address without prior authorization of this Honourable Court or a prosecuting attorney of the DPCP;

d) Abstain from communicating, directly or indirectly, with the victims in file 760-01-094235-196, X and Y;

e) Respect a radius of 2km of the persons mentioned in paragraph d) above, as well as a radius of 2km of their places of work, home and study;

f) Respect the order under s. 161(1) of the Criminal Code as written at paragraph 73 of the sentence decision in file 760-01-094235- 196, prohibiting the appellant from: i. Attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, school ground, playground or community centre; ii.

Seeking, obtaining or continuing any employment, whether or not the employment is remunerated, or becoming or being a volunteer in a capacity, that involves being in a position of trust or authority towards persons under the age of 16 years; iii. Having any contact — including communicating, by any means — with a person who is under the age of 16 years, except for his grandchildren, and only while in the presence of their parents;

g) Surrender his passport, to be deposited in the Court file for the duration of proceedings on appeal;

h) Refrain from making any request to any government body for a new passport or travel document;

i) Not leave the territory of Ontario or Quebec;

j) Not possess any weapons or imitations of weapons;

k) Sign in at the Lancaster OPP detachment at the following address: [address 2], Ontario, [...], once a week, every Monday, between 9am and 5pm;

l) Carry on his person at all times, when he is not inside his residence, a copy of the present conditions;

m) If the appeal is dismissed, or abandoned, surrender into custody within 72 hours of the decision of this Honourable Court. [ 6 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose prior to the appellant being released from custody. PATRICK HEALY, J.A.