2016 QCCA 1448, 2016 QCCA 1448
Opinion
March c. Canada (Minister of Justice) (United States of America) 2016 QCCA 1448 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005929-151 MINUTES OF THE HEARING DATE: September 1, 2016 THE HONOURABLE ROBERT M. MAINVILLE, J.A. APPELLANT ATTORNEY ALEXANDER MARCH SIMA MARCH Mtre MARIE-HÉLÈNE GIROUX ( Monterosso Giroux Avocats ) RESPONDENT ATTORNEY UNITED STATES OF AMERICA REPRESENTED BY THE ATTORNEY GENERAL OF CANADA Mtre TONI ABI NASR ( Ministère de la Justice Canada ) DESCRIPTION: Motion to postpone a judicial hearing review Clerk: Annabel David Courtroom: RC-18
HEARING 9:31 Roll call and identification of counsel. Suspension. 10:15 Commencement of the hearing. Representations by Mtre Giroux. 10:18 Representations by Mtre Abi Nasr. 10:19 Reply by Mtre Giroux. She asks the judge to modify one of Ms. March’s conditions. The judge asks to be provided with a short demand (which will contain her present conditions) asking for one of Ms. March’s conditions to be modified. 10:22 BY THE JUDGE : The motion is denied. Conclusion of the hearing. (
s) Annabel David Clerk BY THE JUDGE JUDGMENT ALEXANDER MARCH [ 1 ] The applicant is requesting a postponement of the hearing of this Court set for September 20 th , 2016 in a review application concerning an extradition matter. He asserts that his attorney requires more time to prepare for the hearing and that his wife has recently given birth and that he wishes to assist her and participate in the care of this newborn child. THEREFORE, THE UNDERSIGNED: [ 2 ] DENIES the postponement.
SIMA MARCH [ 3 ] The applicant is requesting a postponement of the hearing of this Court set for September 20 th , 2016 in a review application concerning an extradition matter. She asserts that her attorney requires more time to prepare for the hearing and that she has recently given birth. [ 4 ] The applicant also seeks modifications to the conditions of her release. She seeks to have condition k. of her release modified so as to surrender into custody of the Leclerc Institution within 24 hours after the decision of the Court of Appeal regarding the judicial review. The respondent agrees with this modification.
THEREFORE, THE UNDERSIGNED: [ 5 ] DENIES the postponement; [ 6 ] MODIFIES the conditions of release of Sima March as to read as follows: 1 . Keep the peace, be of good behavior and attend Court whenever required; 2 . Reside at […], Outremont, […];
3 . Not change her address without prior authorization from the Court; 4 . Abstain from leaving the province of Quebec; 5 . Continue to report to the Quartier general de la GRC, 4225 Dorchester, Westmount, between 9h00 AM and 4h00 PM, and sign the register once a week, on Monday; 6 . Abstain from apply i ng for a passport from any country; 7 . Leave her United States passport, if any, with the authorities; 8 . Leave her Israeli passport with the authorities, who already have i t i n their possession; 9 .
Abstai n from communicating or attempting to communicate i n any matter wi th Eskew Young and Goldklam Meshilim; 10 . Not negotiate or contract any mortgages in Canada; 11 . Surrender into the custody of Leclerc Institution, within the twenty-four (24) hours after the decision of the Court of Appeal regarding the jud i cial review of the Minister's decision is rendered; 12 . Leave the deposit of the $10,000 (ten thousand dollars) already deposited in the Office of the Superior Court, judicial district of Montreal. ROBERT M. MAINVILLE , J.A.
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