2019 QCCA 1285, 2019 QCCA 1285

Egorho c. Minister of Justice Canada 2019 QCCA 1285 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007116-195 MINUTES OF THE HEARING DATE: July 16, 2019 THE HONOURABLE MARTIN VAUCLAIR , J.A. PETITIONER COUNSEL EJOVWOKE MARK EGORHO Mtre Andrew Barbacki (Andrew Barbacki) RESPONDENT COUNSEL MINISTER OF JUSTICE CANADA Mtre CLAUDINE DIB (Minister of Justice Canada) IMPLEADED PARTY COUNSEL THE UNITED STATES OF AMERICA Mtre CLAUDINE DIB (Minister of Justice Canada) DESCRIPTION: MOTION FOR JUDICIAL INTERIM RELEASE PENDING JUDICIAL REVIEW OF THE MINISTERS DECISION TO SURRENDER FOR EXTRADITION (s. 679(1) Cr. C .; S. 20(

c) of the Extradition Act and s. 31 of the Rules of the Court of appeal in Criminal Matters ) . Clerk: Stephane Robinson Courtroom: RC-18

HEARING 10:18 Commencement of the hearing. Identification of counsel. 10:18 Exchanges between the lawyers and the Judge. 10:19 Exchanges between Mtre Dib and the Judge. 10:22 The motion is not contested by Mtre Dib. 10:23 Submissions by Mtre Barbaki. 10:30 Intervention by Mtre Dib. 10:31 BY THE JUDGE: Judgment – see page 3. 10:31 Conclusion of the hearing. (

s) Stephane Robinson Clerk BY THE JUDGE JUDGMENT [ 1 ] Considering, the motion, the affidavit of the petitioner, the affidavit of his former counsel and conditions for release suggested by counsel; [ 2 ] Considering representations of counsel at the hearing further explaining the reasons for the petitioner failure to timely report to authorities; [ 3 ] I am satisfied that condition 14 suggested by counsel appears appropriate and that Mr. Egorho can be released pending the decision on appeal subject to other conditions.

THEREFORE, THE UNDERSIGNED: [ 4 ] GRANTS the motion for judicial interim release pending the outcome of the appeal; [ 5 ] ORDERS the release of EJOVWOKE MARK EGORHO from custody subject to the following conditions: 1. Maintain the recognizance of 10 000$ in cash through Mrs. Bola Gomez Saibou deposited on January 17, 2019 at the Office of the Superior Court; 2. Keep the peace and be of good behavior and appear in Court whenever required; 3. Maintain the deposit of his Canadian and Nigerian passports at the Office of Superior Court done on January 17,2019; 4.

Abstain from applying for a passport or for any other travel document from any other country; 5. Not have in his possession of any passport or other travel document; 6. Not leave the province of Quebec; 7. Reside at [...]., Montreal, Québec and not change address without prior authorization of the Court or one of its judges; 8. Be at the above address between 11:00 p.m. and 7:00 a.m., except for legitimate work purposes or medical emergencies;

9. Maintain a landline telephone registered at the residential address listed above; keep the said line functional with no call forwarding, and answer any calls made by law enforcement during his curfew. The number will be 438-387-6013; 10. Not communicate or attempt to communicate in any way with the individuals identified in the Record of the Case and with people who, to his knowledge, have a criminal record or cases pending; 11. Abstain from directly or indirectly working in telemarketing in any capacity; 12.

Report to the RCMP twice a week at 2200 Reverchon Ave. suite 288, Dorval, Québec, H9P 2S7, to sign the register every Monday and Wednesday between 7:30 am and 3:30 pm starting on July 17, 2019. When the reporting falls on a statutory holiday, he shall report on the next business day; 13. Have at all times in his possession and on his person a copy of these conditions. 14.

Surrender himself into custody of the Établissement de Rivière-des-Prairies, 11 900, avenue Armand-Chaput, Montréal, H1C 1S7, no later than 4:00 PM the day before the hearing of his Application For Judicial Review; [ 6 ] ORDERS that the present undertaking subscribed before a justice of the peace assigned for such purpose prior to the petitioner being released from custody. MARTIN VAUCLAIR , J.A.