2023 QCCA 1513, 2023 QCCA 1513

Choi c. R. 2023 QCCA 1513 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-008042-234 ( 500-01-216310-216 ) MINUTES OF HEARING DATE: November 23, 2023 THE HONOURABLE MARK SCHRAGER, J.A. APPELLANT COUNSEL Chul Choi Mtre Gabriel Babineau ( Desjardins Bolduc ) By videoconference RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre GENEVIÈVE LANGLOIS ( Directeur des poursuites criminelles et pénales ) DESCRIPTION: Motion to suspend the application of a sentence ( Sections 752(5) e)

f) C.cr . ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING

10:25 Commencement of the hearing. Identification of counsel. The motion is not contested. Exchanges between the parties concerning the conditions. 10:25 BY THE JUDGE: Judgment – see page 3. 10:28 Conclusion of the hearing. Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] The applicant has appealed on a question of law the judgment of the Cour du Québec, District of Montreal (the Honourable Antoine Piché), of May 30, 2023, declaring him guilty of two counts of harassment. [ 2 ] On November 16, 2023, the judge imposed a conditional sentence of two years minus one day, followed by two years probation. [ 3 ] Invoking s. 685

(5) e) f) Cr.C . , the applicant seeks the suspension of the sentence pending the outcome of his appeal and alleges that his grounds of appeal are serious, that he is not a risk to public safety, that he has never breached a condition of release and that the sentence may be served prior to the disposition of his appeal. [ 4 ] The application for suspension is not contested.

FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] GRANTS the applicant’s motion to suspend the application of a sentence; [ 6 ] ORDERS the suspension of the sentence imposed on the applicant by judgment of the Cour du Québec, on November 16, 2023 in record number 500-01-216310-216 until final disposition of the appeal; [ 7 ] ORDERS that pending appeal the applicant respect the following conditions:

i) Keep the peace, be of good behavior, and attend court whenever required; ii) Reside at [...] in Thornhill, Ontario, [...]; iii) Not to change his address without the permission of the Court or the DPCP; iv) Not to travel outside of the country except to travel to the United States for work purposes;

v) Not to be within a 500 meters radius of the domicile, place of work and school of Laura Floris; vi) Not to communicate or attempt to communicate in any way with Laura Floris; vii) Report to his parole officer within 48 hours or any other delay set by this Court, following the dismissal of his appeal by this Court or his abandoning of the appeal. viii) Abstain from owning, possessing or carrying any type of weapon; [ 8 ] DECLARES that the suspension of sentence herein is conditional upon and of no force or effect unless and until the applicant signs an undertaking before a justice of the peace or magistrate to respect the foregoing conditions. MARK SCHRAGER, J.A.