2014 QCCA 2294, 2014 QCCA 2294
Opinion
Igwe c. Canada (Minister of Justice) (United States of America) 2014 QCCA 2294 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005772-148 ( 500-36-007009-130 ) MINUTES OF THE HEARING DATE: December 11, 2014 THE HONOURABLE MADAM JUSTICE MANON SAVARD, J.A.
PETITIONER ATTORNEY CHIMA SAMPSON IGWE Mtre VÉRONIQUE COURTECUISSE ( Véronique Courtecuisse, Avocate ) RESPONDENT ATTORNEY MINISTER OF JUSTICE CANADA on behalf of THE UNITED STATES OF AMERICA Mtre MAGUY HACHEM (Public Prosecution Service of Canada Attorney) DESCRIPTION: Application for judicial interim release pending the appeal and judicial review of the Minister of Justice Articles 20b) and 57 of the Extradition Act and 679 of the Criminal Code Clerk: Asma Berrak Courtroom: RC.18
HEARING 9:41 Commencement of hearing. Identification of counsel. Discussion between the Judge and the parties. 9:45 Judgment-see page 3. Conclusion of hearing. Clerk BY THE JUDGE JUDGMENT [ 1 ] Chima Sampson Igwe seeks his judicial interim release pursuant to
section 20b) of the Extradition Act following the Minister’s decision to order his extradition and his motion for judicial review of said decision. [ 2 ] The Attorney General of Canada does not oppose the application. [ 3 ] I am of the view that the criteria set out in sub- section 679(3) of the Criminal Code are met and that Mr. Igwe should be released pending the judicial review of the Minister’s decision, subject to the following conditions.
FOR THESE REASONS, THE UNDERSIGNED: [ 4 ] GRANTS the motion for judicial interim release; [ 5 ] ORDERS the release of the appellant, Chima Sampson Igwe, on the following conditions: 1. A deposit in the amount of $10,000.00 by Mrs. Nathalie Brathwaite. 2. Keep the peace, be of a good behavior and report to the Court whenever required. 3. Reside at […], Montréal, Québec. 4. Be at the address indicated in the preceding paragraph between Midnight and 6 a. m., except for the purpose of legitimate employment. 5. Abstain from changing address unless obtaining an authorization from Court. 6.
Abstain from applying for a passport or any travel documents. 7. Abstain from leaving the Province of Québec. 8. Report to the RCMP twice a week, at 4225 Dorchester, to sign the register every Monday and Thursday, starting on December 15th, 2014 . 9. Not communicate with Kenneth lfeanyi Duru and lfeanyi Chigozi Nwankwo except in the presence of the attorneys and for the preparation of this case. 10. Abstain from making directly or indirectly any transactions at a Money Gram or Western Union or any other money transfer company. 11. Abstain from directly or indirectly working in telemarketing in any capacity. 12.
Surrender into the custody of the Rivière-des-Prairies Detention Center no later than 4pm on the day before the hearing of his appeal or application for judicial review. The petitioner acknowledges having been informed that his failure to do so may result in his application being dismissed without a hearing.
[ 6 ] ORDERS that an undertaking of these conditions be given before a justice of the peace assigned to such matters, before the appellant is released. MANON SAVARD, J.A.
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