2014 QCCA 1974, 2014 QCCA 1974

M.M. c. USA (Canada (Attorney General)) 2014 QCCA 1974 COURT OF APPEAL CANADA PROVINCE OF QUÉBEC REGISTRY OF MONTRÉAL No: 500-10-005343-130 (500-36-005664-100) MINUTES OF THE HEARING DATE: Octobre 28, 2014 THE HONOURABLE mark schrager , J.A. APPLICANT COUNSEL M. M. (a.k.a M. M. M.) Mtre CORNELIA HERTA ZVEZDIN ( Grey & Casgrain s.e.n.c. ) RESPONDENT COUNSEL U.S.A. REPRENSENTED BY THE ATTORNEY GENERAL OF CANADA Mtre CONSTANTINA ANTONOPOULOS ( Ministère de la Justice Canada ) DESCRIPTION: Motion for release from prison (Section 20 of the Extradition Act and

Section 679 of Criminal Code ) Clerk: Asma Berrak Courtroom: RC.18

HEARING 10:42 Commencement of the hearing. Identification of counsel. Discussion between the Judge and the parties. 10:43 The publication ban regarding the identity of witnesses including the victim and all personal information is continued. Judgment-see page 3. 10:46 Conclusion of the hearing. Clerk

JUDGMENT [ 1 ] Seeing Applicant’s Motion for Release from prison; [ 2 ] Considering that leave to appeal to the Supreme Court of Canada has been granted and that the notice of appeal was filed on October 23, 2014; [ 3 ] Considering that the undersigned is satisfied that Applicant will surrender herself into custody in accordance with the terms of this order; [ 4 ] Considering that Applicant’s detention is not necessary in the public interest; [ 5 ] Considering the consent of Respondent; THEREFORE, THE UNDERSIGNED: [ 6 ] GRANTS the Motion for Release from prison; ORDERS the release of the Applicant, M.

M. (a.k.a M. M. M.) on the following conditions: • Maintain the existing deposit of $5,000 by D. N.. • Keep the peace and be of good behaviour. • Reside at [...], Town A, Québec and not change address without the permission of the Court. • Be at this address between 11pm and 6am every day except for a medical emergency involving her, one of her children or her mother D. N.. • Provide a landline registered at this address and be available to answer calls by law enforcement after curfew.

That telephone number will be [...]. • Not leave the province of Québec. • Abstain from the consumption of alcohol and illegal drugs. • 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. • Refrain from using, carrying or having in her possession any firearms or weapons of any sort. • Report to the SQ office at 3025, Laval, Lac Mégantic, Québec, once a week every Tuesday to sign the register starting on November 4, 2014. • Constitute herself prisoner at Établissement de Détention Maison Tanguay by 3pm on the day that the Supreme Court of Canada announces that a decision on her appeal is scheduled to be released. • Refrain from making a passport application for herself or any of her minor children. [ 7 ] ORDERS that an undertaking of these conditions be given before a justice of the peace assigned to such matters, before the Applicant is released.

MARK SCHRAGER, J.A.