2022 QCCA 269, 2022 QCCA 269

Choucair c. R. 2022 QCCA 269 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007754-227 ( 550-01-111094-191 ) MINUTES OF HEARING DATE: February 18, 2022 THE HONOURABLE LUCIE FOURNIER, J.A. APPLICANT COUNSEL NAYEF CHOUCAIR Mtre JOLENE HANSELL ( Abergel Goldstein & Partners ) By videoconference RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre ISABELLE MICHAUD ( Director of Criminal and Penal Prosecutions ) By videoconference DESCRIPTION: Motion for release from prison ( Article 679(1) of the Criminal Code ).

Clerk at the hearing : Robert Osadchuck Courtroom: RC-18 HEARING 9:49 Commencement of the hearing. Identification of counsel. The motion for interim release is not contested. There is an agreement on the conditions for release. 9:49 Justice Fournier addresses both lawyers on the conditions. 9:51 Recess of the hearing in order to permit both lawyers to include the sureties in the conditions. 10:33 Resumption of the hearing.

10:33 Both lawyers agree on the revised conditions. 10:34 BY THE JUDGE: Judgment – see page 3.

Robert Osadchuck, Clerk at the hearing JUDGMENT [ 1 ] In view of the fact that the respondent does not contest the motion insofar as the applicant undertakes to respect the conditions of release; [ 2 ] In view of the fact that the applicant undertakes to comply with these conditions during the appeal; [ 3 ] In view of the fact that the applicant has remained substantially at liberty during the course of the trial proceedings, that he has always complied with the conditions imposed on him and that his appeal does not appear to be frivolous, thus satisfying the conditions of s. 679(1) and (3) of the Criminal Code ; [ 4 ] Given that the applicant should therefore be released on the conditions set out below, pending the outcome of the appeal; FOR THESE REASONS, THE UNDERSIGNED : [ 5 ] GRANTS the motion for release; [ 6 ] ORDERS the release of the petitioner, Nayef Choucair , under the following conditions that the petitioner will: 1.

Acknowledge the following conditions are meant to mirror Mr. Choucair’s Ottawa release order, as provide on

schedule 6 of this motion. 2. Reside with his surety, Ms. Jennifer Band, at [...], Braeside, Ontario and abide to the rules and regulations of Ms. Jennifer Band. 3. Do not change his address without the permission of the Quebec Court of Appeal. 4. Remain in his residence daily between the hours of 9:00 p.m. and 6:00 a.m.

EXCEPT: • for medical emergencies involving you or a member of your immediate family (spouse, child, parent, sibling); • for purposes of travelling directly to, from and while at court appearances, or meeting with your lawyer, or for purposes of complying with this order or any other court Order; • when you are in the presence of one of your sureties: Ms. Jennifer Band or Ms. Victoria Choukair. 5. Do not leave the property of [...], Braeside, Ontario except when in the presence of one of his sureties (Ms. Jennifer Band or Ms.

Victoria Choukair) for medical emergencies, medical appointments such as with his Doctor or Dentist, meetings with his lawyer, to and from court appearances and only after notifying Recovery Science in advance; 6. Do not enter the City of Ottawa except while in the presence of one of his sureties (Ms. Jennifer Band or Ms. Victoria Choukair) for meetings with his lawyer or to travel to and from court appearances and only after providing notice to Recovery Science in advance. 7. Do not be in the presence of any one known to him to have a criminal record.

8. Do not possess: • a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all those things until dealt with according to the law ( s. 515(4.1) of the Criminal Code ) • any weapon(

s) as defined by the Criminal Code (for example, but restricted to, a pellet gun, firearm, imitation firearm, cross-bow, prohibited or restricted weapon or device, ammunition or explosive substance or anything designed to be used or intended for use to cause death or injury or to threaten or intimidate any person). • or any imitation of the above 9. Do not possess any cell phone, pager, or personal digital assistant. 10. Do not possess or use any computers or any other electronic devices that have access to the Internet or other digital network. 11.

Do not possess or consume any unlawful drugs or substances (referred to in the Controlled Drugs and Substances Act ) except with a valid prescription in your name. 12. Do not possess or consume any alcohol. 13. Do not have any visitors at [...], Braeside, ON. 14. Do not contact any person objected to by Ms. Jennifer Band. 15. Comply with Recover Science Corporations’s terms. 16. Be released to his sureties, either Ms. Jennifer Band or Ms. Victoria Choukair, and travel directly to [...], Braeside, ON, and remain there until Recover Science agents attend the residences to install his GPS monitoring device. 17.

Promise to pay $10,000 to the Court of Appeal for Quebec if he fails to comply with this release order. 18. Obtain that his sureties, Jennifer Band and Victoria Choukair, promise to pay $10,000 and $1,000 respectfully to the Court of Appeal for Quebec if they fail to comply with their obligations as sureties. [ 7 ] ORDERS that this undertaking be entered into before a Justice of the Peace assigned for that purpose before he is released. LUCIE FOURNIER, J.A.