2023 QCCA 312, 2023 QCCA 312

K.C. c. R. 2023 QCCA 312 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007493-214 ( 760-01-094235-196 ) MINUTES OF HEARING WARNING : Order restricting publication: On December 21 st , 2020 the Court of Quebec (the Honourable Joey Dubois), District of Beauharnois, made an order under s. 486.4 Cr.C . directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way. DATE: March 7, 2023 THE HONOURABLE MARTIN VAUCLAIR, J.A. APPLICANT COUNSEL K. C.

Mtre BENJAMIN WILNER ( Shadley Bien-Aimé ) RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre PATRICK CARDINAL ( Director of Penal and Criminal Prosecutions ) By videoconference DESCRIPTION: Motion for release from prison pending leave to appeal at the Supreme Court of Canada (Articles 679(1)

c) of the Criminal Code and 31 of the Rules of the Court of Appeal of Quebec in Criminal matters ) . Clerk at the hearing : Anne Dumont Courtroom: RC-18 HEARING 10:45 Commencement of the hearing. Identification of counsel. 10:46 Submissions by Mtre Wilner. 10:56 The motion for release from prison is contested by the Crown. Submissions by Mtre Cardinal.

11:05 Question by the judge and response by Mtre Cardinal regarding the suggested conditions for release from prison. Reply by Mtre Wilner. 11:07 Recess of the hearing. 11:10 Resumption of the hearing. BY THE JUDGE : Judgment – see page 3. 11:13 Conclusion of the hearing.

Anne Dumont, Clerk at the hearing JUDGMENT WARNING : Order restricting publication: On December 21 st , 2020 the Court of Quebec (the Honourable Joey Dubois), District of Beauharnois, made an order under s. 486.4 Cr.C . directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way. [ 1 ] The Applicant seeks his release from prison pending leave to appeal at the Supreme Court of Canada. [ 2 ] On December 21 st , 2020, the Applicant was found guilty of sexual offences on his two adoptive daughters while they were young girls.

Those offences occurred between January 2004 and January 2012. His appeal to this Court was dismissed on November 30, 2022. [ 3 ] The Applicant was on bail throughout since his arrest in 2019. He did not reoffend in any way. He did not breach the conditions under which he was released.

After the appeal judgment, he surrendered himself to carceral authorities as required by his appeal conditions. [ 4 ] In light of the circumstances, including the affidavits of the Applicant and his son, the Applicant's otherwise positive profile as a first-time offender, the application for leave to appeal to the Supreme Court and the submissions of the parties to that Court, as well as the fact that it is not disputed that the Applicant does not pose a risk to public safety, I am satisfied that the application for bail can be granted with conditions.

These conditions have been suggested and are acceptable to the respondent. FOR THESE REASONS, the undersigned: [ 5 ] GRANTS the application for interim release; [ 6 ] ORDERS the interim release of the Applicant K. C. pending the result of his appeal before the Supreme Court of Canada on the following conditions:

a) Reside at [...], in Cornwall, Ontario, [...];

b) Not change address without prior authorization of this Court or a judge of this Court;

c) Abstain from communicating, directly or indirectly, with the victims in file 760-01-094235-196, X and Y;

d) Respect a radius of 2km of the persons mentioned in paragraph c) above, as well as a radius of 2km of their places of work, home and study;

e) Respect the order under s. 161(1) of the Criminal Code as ordered in the sentence decision in file 760-01-094235-196, prohibiting you from: i. Attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, school ground, playground or community centre; ii. Seeking, obtaining or continuing any employment, whether or not the employment is remunerated, or becoming or being a volunteer in a capacity, that involves being in a position of trust or authority towards persons under the age of 16 years; iii.

Having any contact — including communicating, by any means — with a person who is under the age of 16 years,

except for his grandchildren, and only while in the presence of their parents;

f) Surrender your passport, to be deposited in the Court file 760-01-094235-196 of the registry of the Court of Quebec, judicial district of Beauharnois for the duration of the proceedings on appeal before the Supreme Court of Canada;

g) Refrain from making any request to any government body for a new passport or travel document;

h) Not leave the territory of Ontario or Quebec;

i) Not possess any weapons or imitations of weapons;

j) Sign in at the Lancaster OPP detachment at the following address: 45 Pine Street, Lancaster, Ontario, K0C 1N0, once a week, every Monday, between 9 am and 5 pm;

k) Carry on his person at all times outside his residence, a copy of the present conditions;

l) If leave to appeal in file No. 40572 before the Supreme Court of Canada is refused, or, later, if the appeal is dismissed, surrender into custody within 72 hours of the decision of the Supreme Court or surrender into custody within 24 hours of the discontinuance of the application for leave to appeal or the appeal; [ 7 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose prior to the Applicant being released from custody. MARTIN VAUCLAIR, J.A.