2023 QCCA 477, 2023 QCCA 477

Ishac-Sorial c. Attorney General of Canada 2023 QCCA 477 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007989-237 ( 500-36-010357-229 ) MINUTES OF HEARING DATE: April 6, 2023 THE HONOURABLE GENEVIÈVE MARCOTTE, J.A. APPLICANT COUNSEL Sherif Ishac-sorial Mtre Marie-Hélène Giroux ( Me Marie-Hélène Giroux Avocats ) By videoconference RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA Mtre Erin Morgan ( Ministère de la justice Canada ) By videoconference DESCRIPTION: Motion for release pending the Minister’s order to surrender (Section 20

b) Extradition act , s. 679 C.cr . and s. 53 Rules of the Court of appeal in Criminal matters ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 14:34 Commencement of the hearing. Identification of counsel. Preliminary comments. 14:35 Submissions by Mtre Giroux. 14:40 Submissions by Mtre Morgan. 14:45 BY THE JUDGE: Judgment – see page 3. 14:47 Conclusion of the hearing.

Mélanie Camiré, Clerk at the hearing JUDGMENT [1] On April 6th, 2023, the Superior Court ordered the applicant’s committal into custody to await surrender pursuant to his consentto committal in the context of an extradition request on charges of possession and transport of child pornography in the State of Ohio, inthe United States. [2] The applicant is now asking for judicial interim release pending the decision of the Minister on surrender.

He asserts that he hasnever breached the conditions imposed upon him by the Superior Court during his judicial interim release while the extraditionprocedures were pending in Superior Court and undertakes to comply with the conditions of release which were approved by the Ministerof Justice of Canada. [3] The Minister of Justice of Canada does not oppose such a release. [4] In order to obtain judicial interim release, the applicant bears the burden to demonstrate that all of the criteria of sub-s. 679(3) ofthe Criminal Code are satisfied “with any modifications that the circumstances require”, as stated in s. 20 EA (see: Rizzuto v.

États-Unisd'Amérique, (QC CA), [2004] R.J.Q. 2109 (C.A.); Kolitsidas v. R., 2006 QCCA 1005, J.E. 2006-1666; Reda v.United States of America, 2005 QCCA 16, J.E. 2005-258; Divito v. Canada (Ministre de la Justice), (QC CA), J.E.2004-2034 (C.A.)). [5] I am of the opinion that these criteria are met in the present case and that the application for judicial interim release should begranted. [6] In all likelihood, the applicant will surrender himself if and when ordered to do so. Moreover, his detention is not necessary inthe interest of justice.

As far as the safety of the public is concerned, I conclude that he is not a threat to the public and that an informedand reasonable public, “fully appreciative of the rules applicable under our system of justice” would accept and understand the interimrelease of the applicant at this stage of the proceedings, and that the administration of justice will not be brought into disrepute. FOR THESE REASONS, THE UNDERSIGNED: [7] GRANTS the applicant's motion and ORDERS his judicial interim release, on the following conditions:

a) The applicant already deposited a sum of $10,000.00 and shall maintain this deposit for the duration of the proceedings;

b) Marianna Ghattias will act as guarantor and undertakes to pay to the court the amount of $10,000.00 if the applicant fails tocomply with any of his conditions;

c) The applicant will have to keep the peace, be of a good behaviour and appear in court whenever required;

d) the applicant has surrendered his expired passport and undertakes not to apply for another one or any other travel document fromany country;

e) The applicant shall not leave the province of Quebec except as authorized for the purposes of his work, as specified below;

f) The applicant will live at [...], Montréal, Québec, and reside there unless the prior consent of the court is obtained;

g) The applicant must be in the constant presence of his wife except for the purpose of legitimate paid employment or for medicalemergencies;

h) The applicant cannot be within a radius of 200 meters of children, including parks, schools, playgrounds, malls, etc., with anexception for children of his own;

i) The applicant must not have access to the Internet or to a mobile phone or computers with an Internet connection;

j) The password of the Internet network at his home should remain changed and unknown to the applicant to make sure he cannotuse it;

k) The applicant cannot use Internet in any way;

l) The applicant has to report himself to the RCMP detachment located at 4 225, Dorchester Blvd., Westmount, and sign in once a week, between 8:00 am and 4:00 pm, beginning on April 6th, 2023;

m) The applicant must provide the RCMP with access to his mobile phone upon request to ensure that it has no Internet connection;

n) The applicant must inform the RCMP of the location where he will be working, the times he will be working, the route he will be taking to work, and inform them of the time he will be leaving his residence and the time he will be returning to his residence;

o) The applicant must report to the RCMP upon return to his residence;

p) The applicant may use the Internet at his place of work (pharmacies) but only for the purposes of his profession;

q) The applicant may leave his residence without his wife only for the purpose of work or to meet his lawyer at her place of business;

r) Surrender himself into the custody of the Rivière-des-Prairies Detention Center located at 11 900, Armand Chaput Avenue, Montreal, within 24 hours of being informed that the minister is ready to render a decision regarding his surrender. [ 8 ] ORDERS that the applicant undertake to comply with these conditions before a justice of the peace assigned to this duty, prior to being released. GENEVIÈVE MARCOTTE, J.A.