2020 QCCA 1075, 2020 QCCA 1075

R.W. c. R. 2020 QCCA 1075 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007000-191 , 500-10-007333-204 ( 500-01-138854-168 ) MINUTES OF HEARING THIS JUDGMENT IS PROTECTED BY AN ORDER UNDER

SECTION 486.4 OF THE CRIMINAL CODE RESTRICTING THE PUBLICATION OF ANY INFORMATION THAT COULD IDENTIFY THE VICTIMS. DATE: August 20, 2020 THE HONOURABLE BENOÎT MOORE, J.A. APPLICANT COUNSEL R. W. Mtre Catherine Soucy By videoconference RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre RICHARD AUDET ( Director of Criminal and Penal Prosecutions ) By videoconference DESCRIPTION: Motion for the modification of the sentence suspension undertaking ( Article 683(5) of the Criminal Code ). Clerk at the hearing : Anne Dumont Courtroom: RC-18 HEARING 9:15 Commencement of the hearing. Identification of counsel.

Preliminary remarks by the judge. 9:17 Discussion between the judge and the parties regarding the modification of the radius in the fourth condition.

9:23 Discussion between the judge and the parties. This modification regarding the radius will be temporary, until Mr. W. finds himself a new place to live. BY THE JUDGE : Judgment – see page 3. 9:24 Conclusion of the hearing. Anne Dumont, Clerk at the hearing JUDGMENT [ 1 ] On January 29, 2019, the applicant was convicted on counts under ss. 151(2) , 152 (

a) and 271(1) (

a) of the Criminal Code . [ 2 ] On April 20, 2020, he was condemned to serve a sentence of six and a half years.

The trial judge also included a three-year probation order under s. 731 Cr.C . and another probation order, of five years, under s. 161(1) Cr.C . [ 3 ] On May 22, 2020, Cotnam, J.A. granted leave to appeal the sentence and ordered a suspension of the probation order under s. 731 Cr.C . under certain conditions, namely, that of abstaining from being within a radius of less than 500 meters from any domicile, place of work, or school attended by M.Y.B., A.B.F. and T.B.F., thus reiterating the same condition that had been included in the order under s. 161(1) Cr.C . in respect of which Cotnam, J.A. found that she did not have jurisdiction. [ 4 ] On August 14, 2020, the appellant obtained, from the Court of Québec, a temporarily modification of said condition included in the order made under s. 161(1) Cr.C .

That order now reads as follows: Abstain from being within a radius of 200 meters of any dwelling house where the victims identified in the order usually reside, namely, M.Y.B., A.B.F. and T.B.F. [ 5 ] This modification stems from the fact that since the appellant’s release from prison, on July 14, 2020, he has been residing with his spouse.

That said, on July 27, 2020, he learned that M.Y.B., A.B.F. and T.B.F. reside approximately 225-335 meters from that location. [ 6 ] The appellant says he is actively searching for a new place to live. [ 7 ] He is now requesting that the conditions set by the judgment dated May 22, 2020 be modified temporarily until he finds a new place to live . [ 8 ] The Crown, rightly so, is not contesting the motion, but asks that the wording of the condition be the same as that used in the judgment dated May 22, 2020; FOR THESE REASONS, THE UNDERSIGNED: [ 9 ] GRANTS the Motion for the modification of the sentence suspension undertaking; [ 10 ] MODIFIES condition number 4 of paragraph 19 of the judgment dated May 22, 2020, which now reads as follows: “4- Abstain from being within a radius of 200 meters of the domicile, place of work, or school attended by M.Y.B., A.B.F. and T.B.F.”; [ 11 ] TAKES NOTE that this modification is temporary, lasting the time needed for R.

W. to find a new place to live; [ 12 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose. BENOÎT MOORE, J.A.