2017 QCCA 475, 2017 QCCA 475

Stewart c. Attorney General of Canada (United States of America) 2017 QCCA 475 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006274-169 MINUTES OF THE HEARING DATE: March 24, 2017 THE HONOURABLE ROBERT M. MAINVILLE , J.A. APPLICANT COUNSEL COLIN STEWART Mtre MARIE-PHILIPPE LAVOIE (Morneau L'Écuyer Laleggia Rouleau & Ass.) RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA on behalf of the UNITED STATES OF AMERICA Mtre MAGUY HACHEM (Ministère de la Justice Canada) DESCRIPTION: Motion of the applicant for a variation of his recognizance (sections 20(

c) and 57 of the Extradition Act and

section 679 C.cr. ) Clerk: Adam Scott Courtroom: RC.18

HEARING 10:02 Commencement of the hearing. Identification of counsel. 10:03 Exchange between counsel and the judge. 10:05 BY THE JUDGE: Judgment – see page 3. Conclusion of the hearing. (

s) Adam Scott Clerk BY THE JUDGE JUDGMENT [ 1 ] The Applicant seeks a variation to condition 5 set out in subparagraph 11.5 of the order of Justice Schrager dated November 11, 2016 releasing him from custody pursuant to subsection 57(4) of the Extradition Act and

section 679 of the Criminal Code . [ 2 ] The Respondent consents to this variation. FOR THESE REASONS , the undersigned judge: [ 3 ] GRANTS the Applicant’s motion; [ 4 ] VARIES condition 5 set out in subparagraph 11.5 of the order of Justice Schrager dated November 11, 2016 so as to read as follows: 11.5.

Reside at […], Elgin, Quebec, until March 31 st , 2017, and thereafter at […], Huntington, Quebec, unless this Court or a Judge thereof permits otherwise prior to any change of address; [ 5 ] ORDERS that this variance will come into force when the Applicant subscribes to a new undertaking before a justice of the peace who is designated for such purposes comprising all the conditions set out in the order of Justice Schrager as varied by this order. ROBERT M. MAINVILLE , J.A.