2014 QCCA 1921, 2014 QCCA 1921

Power c. United States of America 2014 QCCA 1921 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL N o : 500-10-005730-146 (500-36-006453-123) MINUTES OF THE HEARING DATE: October 20, 2014 THE HONOURABLE MADAM JUSTICE MARIE ST-PIERRE, J.A. APPLICANT KEVIN SPENCER POWER Present by visioconference RESPONDENTS ATTORNEY UNITED STATES OF AMERICA THE ATTORNEY GENERAL OF CANADA Mtre Maguy Hachem ( Ministère de la Justice Canada ) DESCRIPTION : Motion for interlocutory conditional release ( Section 679 (2) of the Criminal Code and

Section 20 (

c) of the Extradition Act ) Clerk: Linda Côté Court Room: RC.18

HEARING 09:55 Beginning of hearing – Identification of parties. 09:56 Discussion between the Judge and the parties. 10:02 Judgment - see page 3. 10:04 Recess. 10:49 Resumption. Mtre Hachem confirms Mrs. Sharon Power’s birth date. 10:50 Conclusion of hearing. Clerk

BY THE JUDGE : JUDGMENT [ 1 ] The applicant, "a person sought" under the Extradition Act , presents an application for judicial interim release pending a judicial review of the Minister's decision rendered on September 23 rd 2014 ordering his surrender for extradition (pursuant to

section 20 (

c) of the Extradition Act and

section 679 of the Criminal Code ); [ 2 ] The applicant establishes that his grounds for challenging an order of surrender 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; [ 3 ] The respondent agrees to the judicial interim release subject to conditions hereunder imposed; FOR THESE REASONS , I grant the motion for judicial interim release, subject to the following conditions: ▪ Maintain the deposit of 5 000$ already made with the Office of the Superior Court; ▪ Third party Sharon Power, […] 1964 residing at […], Pointe-Claire, Quebec, […] will make a recognizance of 5 000$ without deposit; ▪ Keep the peace and be of good behaviour; ▪ Leave his passport with the Office of the Superior Court and abstain from applying for a new one; ▪ Not leave the Province of Quebec; ▪ Reside at […], Montreal and not change address without prior authorization of the Court; ▪ Be at this address between midnight and 6 a.m.; ▪ Report to the RCMP once a week at 4225 Dorchester to sign the register every Thursday starting on October 23, 2014; ▪ Not communicate with Richard Allen GOODHEART, April Frances MUIR, Kenneth GOUCHER, Alberino MAGI, George CHRYSSANTHOPOULOS, Paul IFEJEH, Adrien STEPHENSON, Arlene GRUNDY, Van Wade BEDFORD, Jeffrey Morris JACOBSON, Walter WUELFRATH, John POWER, Mark DASH, Vijayakumar RAMAKRISHNAN, Jeremiah MOSHER, Tania Tchobanova IVANOVA and John Felix ALEXANDER except in the presence of their attorneys and for the preparation of this case and except for the purpose of legitimate employment; ▪ 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 4pm on the day before the hearing of his application for judicial review.

The petitioner acknowledges having been informed that his failure to do so may result in his application being dismissed without a hearing. MARIE ST-PIERRE, J.A.