2011 QCCA 1463, 2011 QCCA 1463

Farag c. R. 2011 QCCA 1463 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-004987-119 (505-01-097709-113) MINUTES OF THE HEARING DATE: August 10, 2011 THE HONOURABLE ALLAN R. HILTON, J.A. PETITIONER ATTORNEY JOSEPH FARAG Mtre Karl-Emmanuel Harrison RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre Daniel Royer Procureur aux poursuites criminelles et pénales

MOTION FOR LEAVE TO APPEAL AGAINST THE SENTENCE RENDERED ON JUNE 13, 2011, BY THE HON. ERIC SIMARD OF THE QUEBEC COURT, DISTRICT OF LONGUEUIL MOTION FOR RELEASE PENDING APPEAL Clerk: Annick Nguyen Court Room: RC-18 HEARING 9:31 Commencement of the hearing. Mtre Royer does not contest the motions being granted. 9:32 BY THE JUDGE. Judgment – See page 3. Annick Nguyen Clerk JUDGMENT On the motion for leave to appeal [ 1 ] Considering the motion for leave to appeal against the sentence rendered on by the Honourable Eric Simard, J.C.Q.; [ 2 ] Considering that the motion is not contested; [ 3 ] Considering that the parties agree to participate in a facilitation conference in criminal matters;

[ 4 ] Considering that the parties agree to plead the file without factums in the event the facilitation conference does not result in an agreed disposition of the appeal that is ratified by the Court; [ 5 ] Considering Rules 56, 57, 58 and 59 of the Rules of the Court of Appeal of Quebec in Criminal Matters to be read as follows: 56(2). Timetable . In referring the motion or, if applicable, the appeal to the Court, the Judge shall establish a timetable for the filing, in quadruplicate and after service on the other party, of the documents that stand in lieu of the factum. 56(3). Default .

If the documents are not filed before the time limit has passed, the clerk shall file a certificate of default in the record and shall thereafter refuse any documents from the defaulting party. A notice of the filing of this certificate shall be delivered immediately to the Chief Justice and to the judges who are to hear the motion or the appeal. 57. Documents. The appellant shall file the following documents:

a) the motion for leave to appeal;

b) the indictment;

c) the sentence, including the reasons and the conclusion;

d) the depositions from the sentencing hearing, if any;

e) any other relevant remarks of the trial judge and counsel in the course of submissions as to the sentence;

f) the questionnaire on the form in

Schedule 1, duly completed. 58. Respondent’s questionnaire. At least three weeks before the date of the hearing of the motion or the appeal, the respondent may also serve the questionnaire, duly completed, on the appellant and file the questionnaire at the Office of the Court, in quadruplicate. 59(1). Argument. The parties may include an argument no longer than 10 pages in length with their documents. It shall have at least one and one-half spaces between the lines, with the exception of quotations, which shall be single-spaced and indented.

The characters shall be in 12-point font size, and there shall be no more than 12 characters per 2.5 cm. 59(2).

A judge may order that an argument be prepared when the issues raised by the appeal so warrant. [ 6 ] FOR THESE REASONS, THE UNDERSIGNED: [ 7 ] GRANTS the motion for leave to appeal; [ 8 ] PLACES the case on the role of January 20, 2012 , at 9:30, in the Antonio-Lamer Court Room, to be pleaded without factums for 30 minutes ; [ 9 ] ORDERS the petitioner, after having served a copy upon the respondent, to file at the Office of the Court no later than October 20, 2011 , four copies of the documents that ordinarily constitute Schedules I, II and III of the factum, including today’s judgment, a book of authorities and, if applicable, an argument no longer than 10 pages in length; [ 10 ] ORDERS respondent, after serving a copy upon the petitioner, to file at the Office of the Court, no later than November 21, 2011 , four copies of the questionnaire, a book of authorities, and if applicable, an argument no longer than 10 pages in length; [ 11 ] AKNOWLEDGES the request of the parties to participate in a facilitation conference in criminal matters;

On the motion for interim order and stay of execution of the sentence [ 12 ] The motion is not contested; [ 13 ] FOR THIS REASON, THE UNDERSIGNED: [ 14 ] GRANTS the motion for judicial interim release; [ 15 ] ORDERS the release of the appellant, JOSEPH FARAG, on the following conditions; said conditions being the same as those imposed by the Honourable Salvatore Mascia, J.C.Q., on December 1, 2010 in file number 500-01-018556-032: 1. Keep the peace and be of good behaviour; 2. Appear before the Court when required to do so; 3.

Report to the supervisor within 24 hours and thereafter when required by the supervisor and in the manner directed by the supervisor; 4. Remain within the jurisdiction of the Court unless written permission to go outside that jurisdiction is obtained from the Court or the supervisor; 5. Notify the Court or the superior of any changes of address or name and notify them rapidly of any changes in employment or occupation; 6.

For the first 18 months of his sentence, the appellant will be confined to his residence except for the purpose of employment in any case between the hours of 7 pm and 6 am; he will be permitted to leave his house on Saturdays from noon until 3 pm; 7. The restrictions imposed by the appellant's house arrest will also be relaxed for the following dates: December 24, December 25 and December 31, 2011; January 1, 2012; 8. With the permission of the supervisor, the restrictions imposed upon the appellant by his house arrest may be relaxed for any other religious holiday, i.e, Good Friday, Easter; 9.

With the permission of the supervisor, the 24 hours house arrest may be relaxed if the appellant must attend a job interview. In such case, the supervisor will determine the hours that he is exempt from house arrest; 10. Upon prior notification of the supervisor, the restrictions of the house arrest will be arrest relaxed for the purposes attending all medical appointments; 11. Upon the permission of the supervisor, the restrictions imposed by the house arrest may be relaxed for the purposes of accompanying or attending to the medical appointments of a family member; 12.

Upon the permission of the supervisor, the appellant will be allowed to attend religious services. The supervisor will determine the hours or the day of the week that the appellant will be allowed to attend religious services; 13. The appellant is required at all times during the period of his conditional sentence to keep a land line telephone. He will give the supervisor his telephone number; 14. If the appellant does not have a land line telephone, he will have one installed no later than three weeks from today; 15. The appellant is prohibited from attaching to his home phone any call forwarding device; 16.

The appellant will at all times cooperate with the supervisor and/or the probation services. Without limiting the generality of the foregoing, the appellant will, or instance: a. Report to any meeting fixed by the supervisor; b. Respond to all telephone calls made by the supervisor to his phone; c. Answer the door and provide access to his home any supervisor who, in the course of his duties, is verifying whether or not his is respecting the conditions of this sentence; 17. The appellant will abstain from the consumption of drugs except in accordance with a medical prescription; 18.

For the last 6 months minus one day of the sentence, the appellant will have to respect a curfew from midnight to 6 am; 19. Surrender himself into the custody of the RCMP within 24 hours of the judgment of this Court dismissing his appeal or within any delay prescribed by this Court at any time. [ 16 ] ORDERS that an undertaking of these conditions be given before a justice of the peace assigned to such matters, before the appellant is released; [ 17 ] ORDERS the further execution of the conditional sentence of two years less one day imposed by the Honourable Salvatore Mascia, J.C.Q., on December 1, 2010.

ALLAN R. HILTON,J.A.