2016 QCCA 892, 2016 QCCA 892

Chengberlin c. Canada (Attorney General) (United States of America) 2016 QCCA 892 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006159-162 (500-36-007377-149) MINUTES OF THE HEARING DATE: May 19, 2016 THE HONOURABLE YVES-MARIE MORISSETTE , J.A. APPLICANT COUNSEL DEWO CHENGBERLIN Mtre SHARON SANDIFORD (Silver, Sandiford) RESPONDENT COUNSEL THE ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA Mtre SAROM BAHK (Ministère de la Justice Canada) DESCRIPTION: MOTION TO BE RELEASED FROM CUSTODY PENDING THE DETERMINATION OF THE APPEAL (s. 679 Cr. C .) Clerk: Shirley Thomas Courtroom: RC-18

HEARING 14: 30 Commencement of the hearing. Identification of counsel. 14: 31 Exchange between Yves-Marie-Morissette and the attorneys. 14: 31 By the judge: Judgment – see page 3. 14: 32 Conclusion of the hearing. SHIRLEY THOMAS Clerk BY THE JUDGE JUDGMENT [ 1 ] The applicant requests his interim release under

section 20 of the Extradition Act and the respondent does not contest the application. Absence of contestation is never in and of itself a sufficient reason for granting such an application but in this instance, the particular circumstances of the case warrant the conclusion that the respondent is correct in not opposing the application. [ 2 ] For these reasons, the application is granted and the following conditions will take effect during the release period. The applicant shall: 2.1.1. Keep at all times and on his person a copy of the conditions herein set out. 2.1.2.

Maintain the deposit of $15,000 already made by Wira Chengberlin in the Office of the Superior Court; 2.1.3. Maintain the recognizance of $10,000 without deposit made by Ratna Chengberlin; 2.1.4. Keep the peace, be of good behaviour and appear in Court when required; 2.1.5. Not leave the province of Quebec; 2.1.6. Leave his passports with the Office of the Superior Court and abstain from applying for a new passport of any nationality; 2.1.7. Reside at [...], Montreal, Qc [...] and not change address without prior authorization of the Court; 2.1.8.

Be at this address between 11:00 pm and 7:00 am except for the purpose of legitimate employment or a medical emergency; 2.1.9. Provide a telephone landline registered to [...], Montreal and answer calls made by law enforcement officers after curfew. This number is [...]; 2.1.10. Report to the RCMP headquarters located at 4225 Dorchester, Westmount once a week on Mondays to sign the register between 8:00 am and 4:00 pm. 2.1.11. Abstain from communicating directly or indirectly with Jason Solan, Daniel Aycinena Fernandez, Braden Davies and Syed Shah. 2.1.12.

Abstain from communicating with or being in the presence of any person known to use or traffic in controlled substances. 2.1.13. Surrender into custody of the Rivières-des-Prairies detention center 24 hours prior to the hearing on the appeal of the extradition order. [ 3 ] ORDERS that the present undertaking subscribed before a justice of the peace assigned for such purpose prior to the petitioner being released from custody.

YVES-MARIE MORISSETTE , J.A.