2020 QCCA 1607, 2020 QCCA 1607

Gul c. R. 2020 QCCA 1607 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006985-194 ( 505-01-142309-166 ) MINUTES OF HEARING DATE: November 27, 2020 THE HONOURABLE MARTIN VAUCLAIR, J.A. APPELLANT COUNSEL rafi mohammad gul Mtre Clara Daviault ( Yves Ménard Avocats ) By videoconference RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre Fréférique le Colletter ( Director of Criminal and Penal prosecutions ) By videoconference DESCRIPTION: Motion for release (Art. 679 (1) C.cr. et 31 Règles de pratiques de la Cour d’appel en matière criminelle ) .

Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 9:32 Commencement of the hearing. Identification of counsel. The motion is not contested. 9:34 Recess of the hearing. 9:36 Resumption of the hearing. Exchanges between the judge and the parties on the modalities of the release. 9:38 BY THE JUDGE: Judgment – see page 3.

9:42 Conclusion of the hearing. Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] Rafi Mohammad Gul asks for judicial interim release pending the determination of his appeal before the Supreme Court of Canada. His motion is not contested. [ 2 ] On November 8, 2020, a majority of the Court dismissed the petitioner’s conviction appeal. [ 3 ] I have considered the reasons for judgment in his appeal to this Court, the petitioner’s notice of appeal before the Supreme Court, the motion for interim release and the petitioner’s affidavit.

I also have considered that the petitioner was granted release during his appeal before this Court and the proposed conditions for his release. Finally, I have considered the relative short prison term to which he was sentenced and that he would serve. [ 4 ] I find that the petitioner satisfies the requirements for interim release pending his appeal to the Supreme Court. The grounds for appeal are not futile, he will surrender himself into custody in accordance with the terms of the order and his detention is not necessary in the public interest.

FOR THE AFOREMENTIONED REASONS, the undersigned: [ 5 ] GRANTS the motion for judicial interim release pending the determination of his appeal to the Supreme Court of Canada; [ 6 ] ORDERS the release of the petitioner Rafi Mohammad Gul upon the following conditions: 1. Keep the peace, be of good conduct and appear in Court whenever required; 2. Reside at [...], Brossard, [...], and not change his address without having obtained the prior authorization of the Court of Appeal or one of its judges; 3. Abstain from leaving the Province of Quebec; 4.

Deposit all his valid passports with the Clerk of the Court of Quebec, Judicial District of Longueuil, to be kept in the file numbered 505-01-142309-166; 5. Refrain from applying for any passport; 6. Abstain from communicating or attempting to communicate, directly or indirectly, in any way whatsoever, with A. B., or the members of her family; 7. Not be found in the presence of A. B. or the members of her family; 8. Refrain from going or attempting to go to A. B.’s home, workplace, place of study, or recreation area; 9.

Abstain from possessing or carrying for any reason whatsoever offensive or restricted weapons, or an imitation thereof, including

revolvers, starting guns, pellet guns, firearms, crossbows, prohibited weapons, restricted use weapons, prohibited devices, ammunition or explosive substances, knives (except in a restaurant or at home and for a legitimate purpose); 10. Keep at all times on his person, upon his release, a copy of these conditions; 11. Surrender to the prison authorities within 24 hours of the abandonment of his appeal; 12.

Surrender to the prison authorities within 72 hours of the delivery of the judgment of the Supreme of Canada dismissing his appeal or before the expiry of any time limit that may be set by this Court or one of his judges; [ 7 ] ORDERS that an undertaking of these conditions be given by the petitioner before a justice of the peace assigned to such matters prior to his release MARTIN VAUCLAIR, J.A.