2017 QCCA 1578, 2017 QCCA 1578

Kamaldin c. Attorney General of Canada (United States of America) 2017 QCCA 1578 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006528-176 MINUTES OF THE HEARING DATE: October 17, 2017 THE HONOURABLE FRANÇOIS DOYON, J.A. PETITIONER COUNSEL AQIYL (a.k.a. AGIYL) KAMALDIN Mtre STEVEN SLIMOVITCH (Steven Slimovitch, avocat) RESPONDENT COUNSEL THE ATTORNEY GENERAL OF CANADA representing THE UNITED-STATES OF AMERICA Mtre LAURENT BRISEBOIS (Ministère de la Justice Canada) DESCRIPTION: Application for interim release pending appeal. ( Art. 679 Cr.C . et seq.; 20(

a) and (

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

HEARING 9:30 Commencement of the hearing. Identification of counsel. The two cases, 500-10-006528-176, are heard jointly. The application is not contested. 9:31 Exchanges between the Judge and the parties. 9:32 BY THE JUDGE: Judgment – See page 3. 9:33 Exchanges between the Judge and the parties. 9:35 End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] The Respondent rightly consents that the Applicant be released on bail as he meets all the conditions set out in s. 679 Cr.C . THEREFORE, THE UNDERSIGNED: [ 2 ] GRANTS the motion; [ 3 ] ORDERS the release of the Applicant Aqiyl (a.k.a.

Agiyl) Kamaldin pending his appeal, subject to the following conditions: a . Maintain the deposit of $5,000 by the third person, Caroline Daniel (applicant’s mother), already made with the Office of the Superior Court; b . Maintain the applicant’s sister, Maryam Kamaldin, surety and recognizance in the amount of $10,000, without deposit, already made before the Clerk of the Superior Court, which recognizance will guarantee and ensure the applicant’s respect of all the conditions of his interim release; c . Keep the peace, be of good behavior and attend court whenever required; d .

Leave his passport with the Office of the Superior Court and abstain from applying for a new one; e . Not leave the Province of Quebec; f . Reside with his girlfriend, Latisha Patterson, at […], Lachine, Québec, [...], and not change address without prior authorization of this Court or one of its judges; g . Be at this address at all times between 11:00 p.m. and 6:00 a.m., except for reasons of legitimate employment or medical emergencies; h . Provide a landline telephone number registered to […], Lachine, Québec, [...], and answer any calls made by law enforcement during his curfew.

This number will be [...]; i . Not communicate directly or indirectly with Clifford Kirstein, Mark El Bernachawy, Peter Lacino, or Kelen Magael Buchan except in the presence of their attorneys and for the preparation of this case; j . Not communicate with any of the victims mentioned in the Record of the Case; k . Abstain from making any transactions at MoneyGram or Western Union or any other money transfer company; l . Abstain from directly or indirectly working in telemarketing in any capacity; m .

Report to the RCMP once a week at 4225 Dorchester, Westmount, starting on October 23, 2017, to sign the register every Monday between 7:30 a.m. and 4:00 p.m.; whenever the Monday is a public holiday, the register must be signed instead on the next working day; n . Surrender into the custody of the Rivière-des-Prairies Detention Center locate at 11900 Armand-Chaput Ave., Montreal, no later than 4:00 p.m. on the day prior to the hearing of the appeal and of the application for judicial review of the Minister’s decision.

The applicant acknowledges having been informed that his failure to do so may result in his appeal and/or application being dismissed without a hearing; [ 4 ] ORDERS that these undertakings be subscribed before a justice of the peace assigned to such matters before the Applicant is

released. FRANÇOIS DOYON , J.A.