2022 QCCA 403, 2022 QCCA 403

Nagy c. R. 2022 QCCA 403 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-006927-188 ( 500-73-003997-133 ) (Seq. 005/007) MINUTES OF HEARING DATE: March 23, 2022 THE HONOURABLE MARK SCHRAGER, J.A. APPELLANT COUNSEL Louis Nagy Mtre Julia Blais-Quintal ( Yves Ménard Avocats ) By videoconference RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre Carly Norris ( Public prosecution service of Canada ) By videoconference DESCRIPTION: Motion for release ending leave to appeal at the Supreme Court of Canada (Section 679(1)c), 679(3) of the Criminal Code and

section 31 of the R.C.A.Q.C.M .). Clerk at the hearing : René Gutknecht Courtroom: RC-18 HEARING 10:14 Commencement of the hearing. Identification of counsel. 10:15 Discussion between the Judge and the counsel. 10:17 BY THE JUDGE: Judgment – see page 3. 10:20 Conclusion of the hearing.

René Gutknecht, Clerk at the hearing JUDGMENT [ 1 ] The Applicant seeks release pending leave to appeal to the Supreme Court of Canada filed January 31, 2022. [ 2 ] On December 1, 2021, the Court dismissed his appeal from a conviction by a jury of conspiracy to import narcotics in respect of which he had been sentenced to 54 months and 17 days of incarceration, after applicable credits. [ 3 ] The prosecution does not contest release at this time. [ 4 ] I am satisfied that the conditions of s. 679 Cr.C . are met. [ 5 ] The Applicant has arguable grounds to submit to the Supreme Court of Canada concerning the application of the Jordan principle in light of the transitional exception. [ 6 ] The Applicant is not a flight risk in that he has a fixed address, no passport and is the caregiver of his ill mother. [ 7 ] The public interest does not require his detention as he has been on release throughout the proceedings in first instance without breach of condition and has no pending charges against him.

FOR THE FOREGOING REASONS, THE UNDERSIGNED: [ 8 ] GRANTS the motion for release pending leave to appeal to the Supreme Court of Canada; [ 9 ] ORDERS the release of the Applicant during the appeal process before the Supreme Court of Canada, subject to the following conditions: 1) Maintain a legal hypothec of the amount of $150,000 on the immovable property located at 24, Grace Shantz, in Kirkland, province of Quebec, to the benefit of the Quebec Ministry of Justice; 2) Keep the peace, be of good behaviour and attend Court whenever required; 3) Reside at 24, Grace Shantz, in Kirkland, province of Quebec; 4) Not to change his address without the prior permission of the Court or one of its judges; 5) Remain physically in Canada; 6) Not to apply for or be in possession of a passport bearing his name; 7) Constitute himself prisoner to the carceral authorities as soon as his application for leave to appeal or his appeal, as the case may be, is dismissed or in conformity with any delay determined by the Supreme Court or the Court or one of its judges. [ 10 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose prior to the Applicant being released from custody.

MARK SCHRAGER, J.A.