2018 QCCA 522, 2018 QCCA 522
Opinion
Anagnostaras c. Attorney General of Canada (United States of America) 2018 QCCA 522 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006690-182 (500-36-008704-176) MINUTES OF THE HEARING DATE: April 4, 2018 THE HONOURABLE françois doyon , J.A. PETITIONER COUNSEL HARALAMBOS ANAGNOSTARAS Mtre HAROUTIOUN HALADJIAN (Les avocats Poupart, Touma) RESPONDENT COUNSEL THE ATTORNEY GENERAL OF CANADA on behalf of THE UNITED STATES OF AMERICA Mtre CLAUDINE DIB (Ministère de la Justice Canada) DESCRIPTION: Motion for judicial interim release pending the Minister’s decision. (S. 20 of the Extradition Act , 679(3) Cr.C. and 53 R.C.A.C.M. ) Clerk: Mihary Andrianaivo Courtroom: RC.18
HEARING 9:33 Commencement of the hearing. Identification of counsel. The application is not contested. Exchanges between the Judge and Counsel pertaining to the proposed release conditions. 9:39 BY THE JUDGE: Judgment – See page 3. 9:40 Conclusion of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] The Respondent does not oppose the motion and I am convinced that the Petitioner has met the conditions required by the law governing the matter; THEREFORE, THE UNDERSIGNED: [ 2 ] GRANTS Haralambos Anagnostaras’ motion; [ 3 ] ORDERS the Petitioner's release from custody on the following conditions: 1.
Maintain the legal hypothec for the amount of $75,000 on the family residence located at […], Laval, Québec, […] and belonging to his mother, Helen Kartsonis; 2. Keep the peace and be of good behavior and appear in Court whenever required; 3. Maintain his Canadian passport at the Office of Superior Court and abstain from applying for a new one; 4. Not leave the province of Quebec; 5. Reside at […], Laval, Québec, […] and not change address without prior authorization of the Court or a judge of the Court; 6.
Be at this address between 21:00 p.m. and 6 a.m., except for legitimate work purposes, school, medical emergencies, or in the presence of his Father Constantine Anagnostaras (D.O.B. […], 1962), mother Helen Kartsonis (D.O.B. […]-1962) or brother Vasilios Anagnostaras (D.O.B. […], 1988) as long as they are reachable on their cellular phone; 7. Report to the RCMP once a week at 2200 Reverchon Ave., suite 288, Dorval, Québec, H9P 2S7, to sign the register every Monday starting on April 9, 2018. When the reporting falls on a statutory holiday, he shall report on the next business day; 8.
Not communicate with the complainants identified in the Record of the Case; 9. Abstain from possessing a telephone or tablet, unless the device does not have the function of internet connection, Wi-Fi connection
or mobile data; 10. It is permitted to use a cellular phone for the sole purpose of making phone calls under the supervision of his father, mother or brother; 11. Abstain from using any computer device, unless while attending class at the Competency Development Center or under the supervision of his father, mother or brother; 12. Abstain from having a computer in his bedroom; 13. Abstain from going to internet cafés or other public places where the establishment provides access to a computer and internet, unless with the supervision of his father, mother or brother; 14.
Abstain from being in the presence of persons under the age of 16 years, unless in the presence of a responsible adult; 15. Surrender himself as a prisoner at the Centre de detention Rivière-des-Prairies located at 11900, Armand-Chaput, within 24 hours of being informed of the decision of the minister regarding his surrender; 16. Subscribe to these conditions before being released. FRANÇOIS DOYON , J.A.
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