2020 QCCA 1792, 2020 QCCA 1792
Opinion
Héon c. R. 2020 QCCA 1792 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007187-196 ( 500-01-158388-170 ) MINUTES OF HEARING A COURT ORDER PROHIBITS ANY PERSON FROM PUBLISHING OR DISSEMINATING IN ANY MANNER ANY INFORMATION THAT WOULD ESTABLISH THE IDENTITY OF THE VICTIM OR WITNESS UNDER
SECTION 486.4 OF THE CRIMINAL CODE . DATE: December 22, 2020 THE HONOURABLE PATRICK HEALY, J.A. APPLICANT COUNSEL Brandon Héon Mtre Benjamin Wilner ( Shadley Bien-Aimé ) M tre jordan trevick By videoconference RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre BRUNO MÉNARD ( Director of Criminal and Penal Prosecutions ) By videoconference DESCRIPTION: Motion for release from prison ( Art. 679
(1) a) C.cr . ). Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 9:28 Commencement of the hearing. Identification of counsel. The motion is not contested. Discussions between the parties concerning some modifications concerning the conditions of his release. 9:30 BY THE JUDGE: Judgment – see page 3.
9:37 Conclusion of the hearing. Mélanie Camiré, Clerk at the hearing JUDGMENT A COURT ORDER PROHIBITS ANY PERSON FROM PUBLISHING OR DISSEMINATING IN ANY MANNER ANY INFORMATION THAT WOULD ESTABLISH THE IDENTITY OF THE VICTIM OR WITNESS UNDER
SECTION 486.4 OF THE CRIMINAL CODE . [ 1 ] Considering the consent of the parties; THEREFORE, THE UNDERSIGNED: [ 2 ] GRANTS the motion of the appellant for interim release; [ 3 ] ORDERS the appellant’s release from custody on the following conditions: 1) Keep the peace, be of good conduct and be present in Court whenever required; 2) Reside at: [...], Montreal (Quebec), [...]; 3) Not change his residential address without having obtained the prior authorization of the Court or one of its judges; 4) Deposit his passport or passports and not to apply for any other passport, Canadian or other; 5) Not communicate or attempt directly or indirectly to communicate with A.
O. or members of her immediate family; 6) Not be found with a range of 300 metres from the residence and place of employment and/or place of education of A. O.; 7) Not be found in the physical presence of A.
O. or members of her immediate family; 8) 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 and for a legitimate purpose); 9) Have in his physical possession a copy of these conditions at all times when he is outside his place of residence; 10) Surrender immediately to authorities within 72 hours judgment being rendered by the Court dismissing the appeal or prior to the expiry of any period determined by the Court or one of its judges; [ 4 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose prior to the appellant being released from custody.
PATRICK HEALY, J.A.
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