2018 QCCA 352, 2018 QCCA 352

Sebai c. Attorney General of Canada (United States of America) 2018 QCCA 352 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006655-185 (500-36-008564-174) MINUTES OF THE HEARING DATE: March 1, 2018 THE HONOURABLE NICHOLAS KASIRER , J.A. PETITIONER COUNSEL FAWAZ SEBAI Mtre ISABELLE LAMARCHE (Isabelle Lamarche) RESPONDENT COUNSEL THE ATTORNEY GENERAL OF CANADA on behalf of THE UNITED STATES OF AMERICA Ms. JESSICA PIZZOLI (articling student) representing Mtre CONSTANTINA ANTONOPOULOS (Ministère de la Justice Canada) DESCRIPTION: Motion to be released from custody pending the determination of the appeal. (Section 679 Cr.C. ,

Section 20(

a) of the Extradition Act ) Clerk: Mihary Andrianaivo Courtroom: RC.18

HEARING 10:00 Start of the hearing. The cases number 500-10-006652-182, 500-10-006653-180 and 500- 10- 006655-185 are jointly heard. The motions are not contested. Comments by the Judge. 10:02 The Judge takes note of the committment by Petitioners, Vassilios Klouvatos and Lefkothea Klouvatos, through their Counsel, Mtre Marc-Olivier Corbeil, not to apply for a new passport from any country. 10:03 Submission by Ms. Jessica Pizzoli. 10:07 Recess for Ms. Jessica Pizzoli to confirm her client’s position pertaining to the criteria set out in

Section 20 of the Extradition Act and Section 679(3) Cr.C. 10:57 Resumption of the hearing. Ms. Jessica Pizzoli continues with her submission. 10:59 Submission by Mtre Isabelle Lamarche. 11:08 BY THE JUDGE : Judgment – See page 3. 11:18 End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] Whereas Fawaz Sebai seeks judicial interim release pending the determination of his appeal from an order of committal made under

section 29 of the Extradition Act in a judgment rendered by the Superior Court (the Honourable François Dadour) on February 26, 2018; [ 2 ] Considering

section 20(

a) of the Extradition Act and section 679(3) Cr.C.; [ 3 ] Considering that the respondent does not contest the motion, having concluded that the petitioner’s appeal is not futile, that he presents no flight risk and that the public interest does not require him to be detained; [ 4 ] Considering that the petitioner has declared that his passport has been seized by the authorities, that he has no other passport and that he is undertaken to solicit no passport from Canada or any other country; [ 5 ] Considering that the conditions of section 679(3) Cr. C. have been satisfied and that the petitioner may be released on conditions: FOR THE FOREGOING REASONS, the undersigned:

[ 6 ] GRANTS the motion; [ 7 ] ORDERS the release of the petitioner pending final judgment on his appeal, subject to the following conditions: 1. Maintain deposit of $10,000 by Shelley Pecore ([...], Laval); 2. Keep the peace, be of good behaviour; 3. Abstain from retrieving his passport from the office of the Superior Court and abstain from applying for a new passport or travel document from any country; 4.

Remain in the province of Quebec, except to go the province of Ontario for work purposes or to visit his father-in-law, Edwin Pecore, or his wife’s aunt, Linda Fontaine, and after notifying RCMP headquarters located at 4225 Boul. Dorchester, Westmount, in person, of the address of his destination in Ontario, the purpose of his visit and the dates and times during which he will be outside Quebec. These visits should not exceed six (6) days; 5. Reside at […], Laval, Quebec; 6. Not change address without prior authorization of this Court; 7.

Be at […], Laval, Quebec between 11pm and 6am except for reasons of legitimate employment or medical emergencies or to visit his father-in-law, Edwin Pecore, or his wife’s aunt, Linda Fontaine, after notifying RCMP headquarters, in person, of the address of his destination in Ontario, the purpose of his visit and the dates and times during which he will be outside Quebec. These visits should not exceed six (6) days; 8. Maintain landline 579-641-1406 registered to […], Laval, Quebec and answer any calls made by law enforcement during his curfew; 9.

Not communicate with Vassilios Klouvatos or Lefkothea Klouvatos, except in the presence of their respective attorneys for the preparation of submissions to the Minister or their appeal; 10. Not communicate with any of the victims or associates mentioned in the Record of the Case; 11. Abstain from making any transactions at Moneygram or Western Union, or any other money transfer service; 12. Abstain from directly or indirectly working in telemarketing in any capacity; 13. Report to RCMP headquarters located at 4225 Boul.

Dorchester, Westmount, in person, between 8am and 6pm to sign the register once a week on Tuesday, beginning on March 6, 2018; 14. Surrender into custody at Rivière-des-Prairies detention center located at 11900, avenue Armand-Chaput, Montréal QC, within 24 hours of being advised, or his counsel being advised, that the Minister of Justice is releasing her decision on surrender. [ 8 ] ORDERS that this undertaking be signed before a justice of the peace designated to hear such matter.

NICHOLAS KASIRER , J.A.