2014 QCCA 1526, 2014 QCCA 1526

Chryssanthopoulos c. United States of America 2014 QCCA 1526 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005477-136 ( 500-36-006442-126 ) MINUTES OF THE HEARING DATE: August 15, 2014 THE HONOURABLE mark schrager , J.A. PETITIONER ATTORNEY / COUNSEL GEORGE CHRYSSANTHOPOULOS Mtre Andrew Barbacki RESPONDENTS ATTORNEY / COUNSEL UNITED STATES OF AMERICA THE ATTORNEY GENERAL OF CANADA Mtre Constantina Antonopoulos MINISTÈRE DE LA JUSTICE CANADA APPLICATION FOR JUDICIAL INTERIM RELEASE PENDING A DECISION OF THE MINISTER OF JUSTICE REGARDING SURRENDER (Section 679 Criminal Code &

Section 20b) of the Extradition Act. )

DESCRIPTION: Extradition Clerk: Marcelle Desmarais Courtroom: RC-18 HEARING 9 h 36 Commencement of the hearing. Identification of counsel. 9 h 36 Submissions by Mtre Constantina Antonopoulos. 9 h 40 Suspension 9 h 54 Resumption 9 h 54 BY THE JUDGE: Judgment – see page 3. Conclusion of the hearing. (

s) Clerk BY THE JUDGE JUDGMENT [ 1 ] On August 14, 2014, the Minister of Justice ordered the surrender for extradition of the applicant pursuant to

section 40 of the Extradition Act. [ 2 ] Applicant seeks interim release pending judicial review of the Minister’s decision pursuant to

section 20 (

c) of the Extradition Act and

section 679 of the Criminal Code . [ 3 ] Applicant was granted judicial interim release by my colleague, the Honourable Marie St-Pierre, on August 23, 2013, pending the Minister’s decision. [ 4 ] The applicant establishes that his grounds for judicial review of the Minister’s order are not frivolous, that he will surrender himself into custody in accordance with the terms of the present order and that his detention is not necessary in the public interest; [ 5 ] The respondent agrees to the judicial interim release subject to conditions hereunder imposed which are substantially similar to the conditions imposed by my colleague, on August 26, 2013;

FOR THESE REASONS , I grant the motion for judicial interim release, subject to the following conditions: ▪ Maintain the deposit of money of $5,000 already made before the greffe of the Superior Court; ▪ Maintain the recognizance of $10,000 without deposit by the third person, Andrew CHRYSSANTHOPOULOS; ▪ Keep the peace and be of good behaviour and appear in Court whenever required; ▪ Leave his passport with the greffe of the Superior Court and/or abstain from applying for a new one; ▪ Not leave the Province of Quebec; ▪ Reside at […], Laval and not change address without prior authorization of the Court; ▪ Be at this address between midnight and 6 a.m. except for the purpose of legitimate employment and except on December 24, 25 and 31, 2014 and January 1, 2015; ▪ Report to the RCMP once a week at 4225 Dorchester, Westmount to sign the register every Wednesday starting on August 20, 2014; ▪ Not communicate with Kenneth GOUCHER, April Frances MUIR, Arlene GRUNDY, Mark DASH, Tania Tchobanova IVANOVA, Walter WUELFRATH, Paul IFEJEH, Van Wade BEDFORD, Alberino MAGI, Kevin Spencer POWER, John POWER, Richard Allen GOODHEART, Adrien STEPHENSON, Jeremiah MOSHER, Jeffrey Morris JACOBSON, Vijayakumar RAMAKRISHNAN and John Felix ALEXANDER except in the presence of their attorneys and for the preparation of this case; ▪ Abstain from making any transactions at a MoneyGram or Western Union or any other money transfer company; ▪ Abstain from directly or indirectly working in telemarketing in any capacity; ▪ Surrender into the custody of the Rivière-des-Prairies Detention Center no later than 4 p.m. on the day before the hearing of his application for judicial review.

The applicant acknowledges having been informed that his failure to do so may result in his application being dismissed without a hearing. [ 6 ] ORDERS that an undertaking of these conditions be subscribed before a justice of the peace assigned to such matters, before the appellant is released. MARK SCHRAGER , J.A.