2022 QCCA 780, 2022 QCCA 780

Deland c. Minister of Justice of Canada 2022 QCCA 780 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007684-218 ( 500-36-008576-178 ) MINUTES OF HEARING DATE: May 31, 2022 THE HONOURABLE BENOÎT MOORE, J.A. APPLICANT COUNSEL Guy deland Mtre Marie-Hélène Giroux ( Me Marie-Hélène Giroux Avocats ) By videoconference RESPONDENT COUNSEL Minister of Justice of Canada Mtre Frédéric Hivon ( Ministère de la Justice du Canada ) By videoconference IMPLEADED PARTY COUNSEL The united states of america Absent and unrepresented DESCRIPTION: Application for release / Motion to vary conditions (

Section 20 (

a) of the Extradition Act,

section 679 of the Criminal Code ). Clerk at the hearing : René Gutknecht Courtroom: RC-18 HEARING 15:02 Commencement of the hearing. Identification of counsel. 15:03 Discussion between the Court and the counsel. 15:04 BY THE JUDGE: Judgment – see page 3. 15:05 Conclusion of the hearing.

René Gutknecht, Clerk at the hearing JUDGMENT [ 1 ] The applicant is asking to be released pending his appeal of the order of committal respecting his surrender to the United States, according to

section 20a) of the Extradition Act . [1] [ 2 ] He argues that his grounds of appeal are not frivolous, that he was released on bail on July 2017 and has respected all conditions imposed upon him, that he is prepared to make a significant financial undertaking, and will respect all the conditions imposed by the Court. [ 3 ] Considering that as per

section 20 of the Extradition Act , the criteria of section 679(3) Cr. C. are applicable to this application; [ 4 ] Considering that the application is not contested; [ 5 ] Considering that I agree with the respondent that the Application meets the relevant criteria for release pending the appeal on the order of committal according to

section 20a) of the Extradition Act ; FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] GRANTS the Application for release under

section 20 (

a) of the Extradition Act ; [ 7 ] ORDERS that the applicant, Guy Deland, be released from custody pending the Court of Appeal’s decision on committal, subject to the following conditions:

a) Maintain the cash deposit of $10,000 and the recognisance of $10,000 without deposit by Stephanie Devine at the Office of the Superior Court;

b) Keep the peace and be of good behaviour;

c) Not leave the Province of Quebec;

d) Reside at [...], Pincourt, QC, QC and not change address without prior authorization of this Court;

e) Be at this residential address between 11pm and 6am except for legitimate work purposes or a medical emergency;

f) Leave his passport with the Office of the Superior Court and abstain from applying for any travel document from any country;

g) Abstain from communicating in any manner with Charan Singh and Aydan Sin except in the presence of their attorneys for the preparation of this case;

h) Report to the RCMP station located at 2200 Reverchon, suite 228, in Dorval, QC between the hours of 9am and 4pm to sign the register twice a week every Monday and Wednesday beginning on May 31, 2022;

i) Not possess or carry for, any reason, offensive or restricted weapons or imitation weapons, including starter pistols and pellet guns, firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, explosive substances, knives (except in restaurants and for a legitimate purpose) or edged weapons;

j) Maintain landline number 438-[...] registered to [...], Pincourt, QC and answer any calls made by law enforcement during curfew;

k) Keep a copy of these conditions on his person at all times while outside his home;

l) Surrender himself into the custody of Rivière-des-Prairies detention centre within 24 hours of his attorney being informed, or his being informed if he is no longer represented by counsel, that the Court of Appeal is ready to issue its decision; [ 8 ] ORDERS that the present undertaking be signed before a justice of the peace assigned for such purpose prior to the applicant being released from custody.

BENOÎT MOORE, J.A.