2018 QCCA 2236, 2018 QCCA 2236

Deland c. Attorney General of Canada (United States of America) 2018 QCCA 2236 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006742-181 (500-36-008576-178) MINUTES OF THE HEARING DATE: December 19, 2018 THE HONOURABLE NICHOLAS KASIRER , J.A. APPELLANT COUNSEL GUY DELAND Mtre MARIE-HÉLÈNE GIROUX (Me Marie-Hélène Giroux Avocate inc.) RESPONDENT COUNSEL THE ATTORNEY GENERAL OF CANADA on behalf of THE UNITED STATES OF AMERICA Mtre LISA MORENCY (Ministère de la Justice Canada) DESCRIPTION: Application for interim release pending judicial review of the Minister of Justice’s order to surrender. (Section 20(

b) of the Extradition Act , 679 Cr.C. , 53 R.C.A.C.M. ) Clerk: Mihary Andrianaivo Courtroom: RC.18

HEARING 9 :37 Start of the hearing. Identification of Counsel. The application is not contested. Exchanges between the Judge and Mtre Lisa Morency. 9:39 Recess to allow Mtre Morency to consult with her colleagues as to the reasons warranting the Respondent’s consent to the application. 10:34 Resumption. Exchanges between the Judge and Mtre Morency. 10:40 Submissions by Mtre Morency. 10:43 Address by Mtre Marie-Hélène Giroux.

BY THE JUDGE : Judgment – See page 3. 10:49 End of the hearing Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] Whereas Guy Deland has asked for judicial interim release pending the judgment for judicial review of the order to surrender of the Minister of Justice and of his appeal; [ 2 ] Considering

section 20(

c) of the Extradition Act and section 679(3) Cr.C .; [ 3 ] Considering that the respondent does not contest that (

i) the grounds for review are not futile; (ii) that the petitioner presents no flight risk; and (iii) that the petitioner’s detention is not necessary in the public interest; [ 4 ] It is in the interest of justice to order interim release subject to conditions. FOR THE AFOREMENTIONED REASONS , the undersigned: [ 5 ] GRANTS the application for judicial interim release; [ 6 ] ORDERS the release of Guy Deland pending the judgment of this Court on the motion for judicial review of the Minister’s order to surrender and his appeal upon the following conditions: 1.

Maintain the cash deposit of $10,000 recognizance and of $10,000 without deposit by Stephanie Devine at the Office of the Superior Court; 2. Keep the peace and be of good behaviour;

3. Not leave the Province of Quebec; 4. Reside at […], Pierrefonds, QC and not change address without prior authorization of this Court; 5. Be at this residential address between 11pm and 6am except for legitimate work purposes or medical emergencies; 6. Leave his passport with the Office of the Superior Court and abstain from applying for any travel document from any country; 7. Abstain from communicating in any manner with Charan Singh and Aydan Sin except in the presence of their attorneys for the preparation of this case; 8.

Report to the RCMP station located at 2200 Reverchon, suite 228, in Dorval, QC between the hours of 9am and 4pm to sign the register twice a week every Monday and Wednesday beginning on December 24, 2018; 9. Not possess or carry for, any reason, offensive or restricted weapons or imitation weapons, including starter pistols and pellet guns, firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, explosive substances, knives (except in restaurants and for a legitimate purpose) or edged weapons; 10.

Maintain landline number […] registered to […], Pierrefonds, QC and answer any calls made by law enforcement during curfew; 11. Keep a copy of these conditions on his person at all times while outside his home; 12.

Surrender himself into the custody of Rivière-des-Prairies detention centre on April 1, 2019, if the appeal and/or application for judicial review have not been perfected by this date (Appellant’s and Applicant’s facta not submitted to the Court), or if the appeal and/or judicial review have been perfected, ( facta submitted to the Court) by April 1, 2019, surrender himself by 4pm on the day before the hearing for the appeal and/or application for judicial review on pain of dismissal. [ 7 ] ORDERS that these undertakings be subscribed before a justice of the peace assigned to such matters prior to the Applicant being released from custody. nicholas kasirer , J.A.