2023 QCCA 1180, 2023 QCCA 1180

Marson c. R. 2023 QCCA 1180 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-700039-223 ( 500-01-216705-217 ) MINUTES OF HEARING WARNING : Order restricting publication: On October 25, 2022, the Court of Quebec the Honourable Flavia K. Longo, District of Montreal, made an order under s. 486.4 Cr.C . directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way. DATE: September 15, 2023 THE HONOURABLE MARIE-JOSÉE HOGUE, J.A. APPLICANT COUNSEL Andrew Marson Mtre JOËL GIRARD pour Me PHILIP SCHNEIDER ( Schneider, Girard & Associé

s) RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre Julien Fitzgerald ( Directeur des poursuites criminelles et pénales ) By videoconference DESCRIPTION: Motion for release from prison . ( Article 679 (1) of the Criminal Code ) Clerk at the hearing : Ariane Simard-Trudel Courtroom: RC-18 HEARING 9:34 Commencement of the hearing. Identification of counsel. The motion is not contested. 9:37 BY THE JUDGE : Judgement – see page 3. Conclusion of the hearing.

Ariane Simard-Trudel, Clerk at the hearing JUDGMENT WARNING : Order restricting publication: On October 25, 2022, the Court of Quebec the Honourable Flavia K. Longo, District of Montreal, made an order under s. 486.4 Cr.C . directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way. [ 1 ] The materials before me and the absence of contestation lead me to conclude that the petitioner’s motion with the agreed upon conditions below should be granted.

THEREFORE, THE UNDERSIGNED: [ 2 ] GRANTS the motion of the appellant; [ 3 ] ORDERS the appellant’s release from custody on the following conditions: 1) Keep the peace, be of good conduct and be present in Court whenever required; 2) Reside at [...], Verdun, Québec, [...]; 3) Not change his residential address without having obtained the prior authorization from the Court or one of its judges; 4) Abstain from leaving the province of Québec without having obtained the prior authorization of the Court or one of its judges ; 5) Surrender his passport within 72 hours of his release on bail from prison , deposit his passport and not to apply for any other passport; 6) Not be found with a range of 200 metres of the residence, place of employment and place of education of M.

L.; 7) Not communicate or attempt to communicate in any way with M. L.; 8) Surrender within 72 hours of the withdrawal of his appeal to a detention centre or upon judgment being rendered by the Court dismissing the appeal or prior to the expiry of any period determined by the Court or one of its judges; [ 4 ] 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.