2014 QCCA 1302, 2014 QCCA 1302

Phillips c. R. 2014 QCCA 1302 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL N o : 500-10-005614-142 ( 500-01-002508-080 ) MINUTES OF THE HEARING DATE: July 4, 2014 THE HONOURABLE MADAM JUSTICE MARIE-FRANCE BICH PETITIONER ATTORNEY DAVID ALEXANDER PHILLIPS Mtre DOMINIQUE ST-LAURENT ( Peris Sutton St-Laurent ) RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre ISABELLE DORAY (absent) ( Criminal and Penal Prosecutor ) Motion for release pending determination of the appeal ( S. 679 (1) (

a) Criminal code )

Clerk: Linda Côté Court Room: RC.18 HEARING Continuation of the hearing of July 3, 2014. 10 : 35 Commencement of the hearing. Mtre Dominique St-Laurent filed the affidavit of the petitioner and an email from Mtre Isabelle Doray. 10 : 36 Discussion between the Judge and Mtre St-Laurent. 10 : 51 Judgment rendered – see page 3. 10 : 54 End of the hearing. (

s) Clerk JUDGMENT [ 1 ] Considering the petitioner's motion for release pending the determination of his appeal; [ 2 ] Considering that the petitioner has satisfied the conditions set out in ss. 679(1) (

a) and (3) , of the Criminal Code ; [ 3 ] Considering that counsel for the respondent, in view of the judgement rendered on this day in O'Reilly v.

R. , has both verbally and in writing announced that she would not oppose the petitioner's release (see her e-mail of July, 3, 2014), but would suggest some additional conditions, which were annexed to her e-mail; [ 4 ] Considering the situation of the petitioner and the conditions suggested by both parties; FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] GRANTS the motion for release pending the determination of the appeal (“Requête en remise en liberté en attendant la décision de l'appel”); [ 6 ] ORDERS the release of the petitioner, on the following conditions : i.

The recognizance in the amount of $50,000, without deposit, by a third party, Ms. Deborah Eileen Phillips-Campbell, shall be maintained as a guarantee that the petitioner will comply with the conditions set out hereinafter; ii. The petitioner shall keep the peace, be of good behaviour and attend court whenever required; iii. The petitioner shall reside at […], Marion Bridge, Nova Scotia, […] and not change address without the prior permission of this Court or one of its judges; iv. The petitioner shall not leave the Province of Nova Scotia, except in compliance with conditions xi and xii infra ; v.

The petitioner shall surrender his passport to the Registry of the Court of Quebec, Criminal and Penal Division, District of Montreal, before being released, and not retrieve it or attempt to obtain another passport or any other travel document ; he shall also abstain from having in his possession a passport or any other travel document; vi. The petitioner shall abstain from communicating in any manner with persons whom he knows to have a criminal record relating to fraud or cigarettes smuggling, or be in the presence of such persons;

vii. The petitioner shall abstain from being at the workplace of Robin Thibault or communicating in any manner with him or being in his presence; viii. The petitioner shall abstain from communicating with his former co-accused or present co-appellants, except in the presence of his attorney for the purpose of preparing their appeals; ix.

As of July 9, 2014, the petitioner shall report to the Office of the Royal Canadian Mounted Police (RCMP) in Sydney, Nova Scotia, every two weeks, on Wednesday, between 9 am and 5 pm, and sign the register, this condition being suspended when a Wednesday coincides with a statutory holiday; x. The petitioner shall refrain from using, carrying or having in his possession any firearms or weapons of any sort; xi.

Twenty-four (24) hours prior to the hearing of his appeal, the petitioner shall surrender himself into the custody of the Centre régional de réception de Sainte-Anne-des-Plaines (246, Montée Gagnon, Sainte-Anne-des-Plaines, Quebec, J0N 1H0), and he shall also surrender into custody as may be ordered by this Court; xii.

Should the petitioner discontinue his appeal, he shall immediately surrender himself into the custody of the Centre régional de réception de Sainte-Anne-des-Plaines. [ 7 ] ORDERS that an undertaking of these conditions be given before a justice of the peace assigned to such matters, before the petitioner is released. MARIE-FRANCE BICH, J.A.