2014 QCCA 1973, 2014 QCCA 1973

Pierce c. R. 2014 QCCA 1973 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005512-130 ( 500-01-041187-102 ) MINUTES OF THE HEARING DATE: Octobre 28, 2014 THE HONOURABLE mark schrager , J.A. APPLICANT COUNSEL DAVID LYLE PIERCE Mtre Rose- mélanie drivod ( Schurman Longo Grenier ) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre maude payette ( Directeur des poursuites criminelles et pénales ) DESCRIPTION: Motion for release pending determination of appeal ( Art. 679(1)

a) Criminal Code ) Clerk: Asma Berrak Courtroom: RC.18

HEARING 10:47 Commencement of the hearing. Identification of counsel. Discussion between the Judge and the parties. 10 :49 The publication ban regarding the identity of witnesses including the victim and all personal information is continued. Judgment-see page 3. 10:52 Conclusion of the hearing. Clerk BY THE JUDGE JUDGMENT [ 1 ] Seeing Applicant’s Motion for Release pending appeal; [ 2 ] Considering section 679(1)

a) of the Criminal Code ; [ 3 ] Considering that the application is not contested; [ 4 ] Considering the grounds of appeal invoked and that the appeal is not frivolous; [ 5 ] Seeing that the Applicant has surrendered himself into custody; [ 6 ] Seeing that the Applicant was on interim release for four years while the proceedings in first instance were pending; [ 7 ] Considering that the undersigned is of the opinion that the Applicant will surrender himself into custody at the appropriate time; [ 8 ] Considering that the Applicant’s detention is not necessary for the public interest; THEREFORE, THE UNDERSIGNED: [ 9 ] GRANTS the Motion for Release pending appeal; [ 10 ] ORDERS the release of the Applicant subject to the following conditions : ✔ Keep the peace and be of good behaviour, and attend court when required; ✔ Reside at the house corresponding to [...], Cornwall Island, ON, [...]; ✔ Not change address without prior authorization from the Court or of one of its judges; ✔ Abstain from leaving Canada without prior authorization from the Court or of one of its judges; ✔ Abstain from communicating or attempting to communicate in any manner with E.

S. and members of her family; ✔ Abstain from being within a radius of 100 meters of the domicile of E. S., from the place of work of E. S. or of the school attended by E. S.. ✔ Abstain from being within a radius of 100 meters from E. S.. ✔ Formally abstain from having in his possession and carrying, for any purpose whatsoever, offensive or restricted-use weapons or imitation weapons, including starter pistols and pellet pistols, firearms, cross-bows, prohibited devices, ammunition, prohibited ammunition or explosive substances, knives (except in restaurants and for lawful purposes) and edged weapons;

✔ Present himself to the incarceration authorities upon the Court's decision rejecting the appeal, or before the expiration of any delay determined by the Court or one of its judges. [ 11 ] ORDERS that an undertaking of these conditions be given before a justice of the peace assigned to such matters, before the Applicant is released mark schrager , J.A.