2023 QCCA 929, 2023 QCCA 929

Choucair c. R. 2023 QCCA 929 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007754-227 ( 550-01-111094-191 SEQ. 001) MINUTES OF HEARING DATE: July 11, 2023 THE HONOURABLE MARIE-JOSÉE HOGUE, J.A. APPELLANT COUNSEL Nayef Choucair Mtre Jolene Hansell ( Russomanno Criminal Law ) By videoconference RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre Isabelle Michaud ( Directeur des poursuites criminelles et pénales ) By videoconference On appeal from a sentence imposed on October 18 , 2021, by the Honourable Richard Meredith of the Court of Québec, Criminal Division , District of Gatineau . DESCRIPTION: Motion to modify the conditions of a release order (

Section 679 of the Criminal Code ) Clerk at the hearing : Ariane Simard-Trudel Courtroom: RC-18 HEARING 10:30 Commencement of the hearing. Identification of counsel. 10:32 Discussion between the judge and Mtre Hansell.

10:33 BY THE JUDGE : Judgement – see page 3. Conclusion of the hearing. Ariane Simard-Trudel, Clerk at the hearing JUDGMENT [ 1 ] The Appellant was released from custody during his appeal by order issued on February 18, 2022.

The conditions of his release mirrored those imposed on him in an ongoing file in Ontario. [ 2 ] The charges filed in Ontario were dismissed on September 26, 2022. [ 3 ] Since then, the Appellant asked for modification of his release condition, the last judgment rendered in that respect being a judgment of a judge of this Court dated October 17, 2022. [ 4 ] The Appellant now asks to modify the conditions of his release in order to update his address as well as his employment.

THEREFORE, THE UNDERSIGNED: [ 5 ] GRANTS the Appellant’s motion to modify the conditions of a release order; [ 6 ] ORDERS that the Appellant’s release from custody be subject to the following conditions: 1) Subscribe an undertaking, personally, in the amount of $10 000 with deposit ; 2) Subscribe an undertaking, by Jennifer Band and Maha El-Bairam, in the amount of $10 000 and $1,000 respectively, without deposit, if they fail to comply with their obligations as sureties; 3) Reside at: [...], Nepean, Ontario, [...]; 4) Not change his residential address and employment without having obtained the prior authorization of the Court or one of its judges; 5) Stay at residence or in the presence of one of the sureties between 10 PM and 6 AM; a. except for employment purposes with Milano Pizzeria and SkiptheDishes; 6) Notify the Quebec Court of Appeal of any changes in employment; 7) 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); 8) Abstain from possessing or consuming any unlawful drugs or substances (referred to in the Controlled Drugs and Substances Act ) except with a valid prescription. [ 7 ] 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.

MARIE-JOSÉE HOGUE, J.A.