Barnett c. R. 2014 QCCA 2065 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005699-143 ( 455-01-011662-115 ) MINUTES OF THE HEARING DATE: November 3, 2014 THE HONOURABLE NICHOLAS KASIRER , J.A. PETITIONER ATTORNEY WILLIAM BARNETT Mtre NICOLAS LEMYRE-COSSETTE ( Centre communautaire juridique de la Rive Sud ) RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre DANIEL ROYER ( Directeur des poursuites criminelles et pénales ) DESCRIPTION: Motion for judicial interim release (s. 679 Cr. C .) Clerk: Asma Berrak Courtroom: RC.18

HEARING 9:48 Commencement of the hearing. Identification of counsel. Submission by Mtre Royer. 9:50 Comment by Mtre Lemyre-Cossette. Judgment-see page 3. 9:52 Conclusion of hearing. Clerk BY THE JUDGE JUDGMENT [ 1 ] William Barnett seeks release from custody pending the determination of his appeal pursuant to s. 679 Cr. C. [ 2 ] The respondent does not contest Mr. Barnett’s submission that the circumstances in which he may be released, as set forth in subs. 679(3), are satisfied, namely the appeal is not frivolous; that Mr.

Barnett will surrender into custody in accordance with the terms of the order; and that his detention is not necessary in the public interest. [ 3 ] In the circumstances, sufficient proof has been made that the requirements of subs. 679(3) Cr.C. are met.

FOR THE AFOREMENTIONED REASONS, the undersigned: [1] GRANTS the motion; [2] ORDERS the release of the petitioner pending the determination of his appeal on the following conditions : • Keep the peace, be of good behaviour, and attend court whenever required; • Reside at […], Québec, […]; • Abstain from changing address without prior written authorization by the Court or by one of its judges; • Abstain from filing an application to obtain a passport; • Surrender, in the event the appeal is dismissed, to Talbot detention centre within 48 hours following the date of the judgment of this Court, or in accordance with the directions given by the Court. [3] ORDERS that these undertakings be subscribed before a justice of the peace assigned to such matters prior to the petitioner’s release. nicholas kasirer , J.A.