2024 QCCA 202, 2024 QCCA 202

Colin Valle c. R. 2024 QCCA 202 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-008070-235 ( 500-01-184987-193 ) MINUTES OF HEARING WARNING : Order restricting publication: an order was rendered in first instance under s. 486.4(1) Cr.c. directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way.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: February 14, 2024 THE HONOURABLE BENOÎT MOORE, J.A.

APPELLANT COUNSEL DAVID MITCHELL COLIN VALLE Mtre LAURENCE JUILLET ST-JEAN ( Battista Turcot Israel ) RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre NADINE HAVIERNICK ( Director of criminal and penal prosecutions ) DESCRIPTION: Motion for release from prison (s. 679(1) Cr.c. ). Clerk at the hearing : Chloé Côté-Sauvageau Courtroom: RC-18 HEARING 14:01 Commencement of the hearing. Identification of the file and counsel. 14:02 The appellant’s motion is not contested by the respondent. Comment by the judge concerning the suggested conditions of release (amended version). 14:03 BY THE JUDGE: Judgment – see page 3.

14:05 Conclusion of the hearing. Chloé Côté-Sauvageau, Clerk at the hearing JUDGMENT WARNING : Order restricting publication: an order was rendered in first instance under s. 486.4(1) Cr.c. directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way.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 ] I am seized of a Motion for release from prison pending the appeal based on s. 679(1) of the Criminal Code . [ 2 ] On July 31, 2023, the Applicant was found guilty of sexual assault contrary to s. 271 (

a) of the Criminal Code . [ 3 ] On February 14, 2024, he received a sentence of 15 months and a probation of 2 years. [ 4 ] Considering that the application is not contested, provided the Applicant respects the conditions of the release; [ 5 ] Considering that the Applicant agrees to respect such conditions; [ 6 ] Given that the Applicant remained at large during the trial proceedings, that he has always complied with the conditions imposed on him and that his appeal does not appear to be frivolous, thus satisfying the conditions of ss. 679(1) and (3) of the Criminal Code ; [ 7 ] The Applicant should therefore be released on the conditions set out below pending the determination of the appeal; THEREFORE, THE UNDERSIGNED: [ 8 ] ABRIDGES all time limits for service and presentation of this motion; [ 9 ] GRANTS the Applicant’s Motion for release from prison pending the appeal; [ 10 ] ORDERS that the Applicant be released from custody pending this Court’s decision on committal, subject to the following conditions: 1.

Keep the peace and be of good conduct; 2. Live at [...], Sherbrooke QC [...] 3. Do not leave the province of Quebec; 4. Do not change his address without prior authorization from the Court or one of its judges; 5. Abstain from being within 100 meters of O.F.; 6. Abstain from being within 100 meters of O.F.'s home, place of work or place of study. 7. Abstain to communicate or attempt to communicate in any way with O.F. and the witnesses E.S and C.R.; 8. Abstain to retrieve his passport at the registry of the Court of Québec in Montréal where it is already kept; 9. Abstain to reapply for a passport; 10.

Not possess firearms, restricted weapons, ammunition or explosive substances; 11. Surrender to the prison authorities within 72 hours of the dismissal or abandonment of his appeal, or within such other period as may be referred to in the judgment of the Court if his appeal is dismissed;

[ 11 ] ORDERS that the present undertaking be signed before a justice of the peace assigned for such purpose prior to the Applicant being released from custody. BENOÎT MOORE, J.A .