2013 QCCA 935, 2013 QCCA 935

Boulianne c. R. 2013 QCCA 935 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005191-125 (505-01-069521-074) MINUTES OF THE HEARING DATE: May 10, 2013 THE HONOURABLE MARIE-FRANCE BICH, J.A. PETITIONER ATTORNEY JOËL BOULIANNE Me Léonard Waxman WAXMAN DORVAL PERRON DEL NEGRO RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Me Daniel Royer DIRECTEUR DES POURSUITES CRIMINELLES ET PÉNALES APPLICATION FOR INTERIM RELEASE PENDING DETERMINATION OF APPEAL (

Section 679 of the Criminal Code and

section 34 and following of the rules of practice of the Court of Appeal in criminal matters)

Clerk: Asma Berrak Court Room: RC.18 HEARING 10 h 09 : Commencement of the hearing. Identification of counsel. 10 h 09 : Submission by Mtre Waxman. 10 h 13 : Submission by Mtre Royer. 10 h 15 : Discussion between the judge and the counsel. 10 h 28 : Conclusion of the hearing. Asma Berrak Clerk JUDGMENT [ 1 ] The appellant seeks to be released pending the appeal of his conviction of May 7, 2012 on two counts of assault with a weapon (s. 267

a) Cr.c. ) and one count of aggravated assault (s. 268 Cr.c. ). [ 2 ] The respondent acquiesces to the motion in view of the fact that the interim release of the appellant satisfies the requirements set out in s. 679(1)

a) and 679(3)

a) Cr.c. , which is indeed the case. [ 3 ] The parties have agreed on the conditions of the release, which are reasonable, subject to the modifications discussed at the hearing. FOR THESE REASONS, I: [ 4 ] GRANT the motion for interim release pending the appeal; [ 5 ] ORDER the release of the appellant, Joël Boulianne, on the following conditions: i. Recognizance of $1 000, without deposit, by Joël Boulianne; ii. Keep the peace, be of good behaviour, and attend court whenever required; iii. Reside at [...], Verdun, Québec, [...]; iv.

Abstain from changing address without prior written authorization of the Court or one of its judges; v. Abstain from filing an application to obtain a passport; vi. Abstain from communicating in any manner with Y and X [1] ; vii.

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, crossbows, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition or explosive substances, knives (except in restaurants and for lawful purposes) and edged weapons;

viii. Take the medication prescribed by his physician, in accordance with the prescribed dosage; ix. Follow the treatments recommended by his physician or any other healthcare professional; x. Continue his pre-conviction employment with Quadco Equipment, 30 Industrial boul., Saint-Eustache, Quebec, and notify the Court prior to any change of employer; xi. Surrender into custody within 48 hours of the judgement of the Court on the appeal or according to any order of the Court. [ 6 ] ORDER that an undertaking of these conditions be given before a justice of the peace assigned to such matters, before the Appellant is released. MARIE-FRANCE BICH, J.A.