2016 QCCA 677, 2016 QCCA 677

M.M. c. Canada (Attorney General) (United States of America) 2016 QCCA 677 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006055-154 MINUTES OF THE HEARING DATE: April 14, 2016 THE HONOURABLE MARIE-JOSÉE HOGUE, J.A. PETITIONER ATTORNEY M. M. (a.k.a. MI. ME.) Mtre CLEMENTE MONTEROSSO (Monterosso Giroux Avocats) RESPONDENT ATTORNEY THE ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA Mtre GINETTE GOBEIL (Minister of Justice Canada) DESCRIPTION: Motion for Variation of Interim Release Conditions (Section 20 of the Extradition Act , Section 679(1) of the Criminal Code and

Article 53 of the Rules of the Court of Appeal in Criminal Matters ) Clerk: Mihary Andrianaivo Courtroom: RC-18

HEARING 09:30 Beginning of the hearing. Submissions by Mtre Gobeil. She does not oppose the motion but suggests a slight amendment as to item 11 of the proposed conditions by the Petitioner. 09:32 BY THE JUDGE: Judgment – see page 3. 09:36 End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] The motion is well-founded and is not contested by respondent. THEREFORE, THE UNDERSIGNED: [ 2 ] GRANTS the petitioner’s motion; [ 3 ] ORDERS that the interim release conditions now read as follows: 1. Maintain the existing deposit of $5,000 by D. N. in file 500-36-005664-100; 2.

Keep the peace and be good behaviour; 3. Reside at [...], Lac Megantic, Québec, and not change address without the permission of the Court;

a) Reside at Hotel Welcominns, 1195 Ampère Street, Boucherville, Quebec, J4B 7M6 from April 15, 2016 to April 17, 2016;

b) Upon check-in, advise Daniel Dubois of the RCMP of room number, at 514-420-5737 #1303;

c) Be at Hotel Welcominns, 1195 Ampère Street, Boucherville, Québec, J4B 7M6, between 8:00 pm and 6:00 am, from April 15, 2016 to April 17, 2017; 4. Be at [...], Lac Megantic, Québec, 22 hours a day, every day except for medical emergency involving her, one of her children or her mother D. N. and to sign the register pursuant to condition #10; 5. Notwithstanding condition #4, be at [...], Lac Megantic between 8:00 pm and 10:00 am every day except for medical emergency involving her, one of her children or her mother D. N.; 6.

Keep the landline number registered at the address [...], Lac Megantic and be able to answer calls by law enforcement. That telephone number will be [...]; 7. Not leave the province of Québec; 8. Abstain from the consumption of alcohol and illegal drugs; 9. Abstain from going to any bar, club or similar place, private or public in which alcohol and/or drugs are consumed or may be consumed including family parties; 10. Continue reporting to the S.Q. Office at 3025, Laval, Lac Megantic, Québec, three times week every Monday, Wednesday and Friday to sign the register; 11.

Refrain from using, carrying or having in her possession any firearms or weapons of any sort except for knives for legitimate

purposes; 12. Constitute herself prisoner at Établissement de détention Maison Tanguay within 24 hours of being notified that the Minister will release her decision on reconsideration; 13. Refrain from making a passport application for herself or any of her minor children. MARIE-JOSÉE HOGUE, J.A.