2014 QCCA 1931, 2014 QCCA 1931

Wuelfrath c. United States of America 2014 QCCA 1931 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005732-142 ( 500-36-006456-126 ) MINUTES OF THE HEARING DATE: October 20, 2014 THE HONOURABLE MADAM JUSTICE MARIE ST-PIERRE , J.A. APPLICANT ATTORNEY WALTER WUELFRATH Mtre NEIL DEMMERLE-SHANTZ ( Larouche & Associés, Avocats Inc. ) RESPONDENTS ATTORNEY UNITED STATES OF AMERICA THE ATTORNEY GENERAL OF CANADA Mtre MAGUY HACHEM ( Ministère de la Justice Canada ) Description : Application for release pending a judicial review (Section 679 of the Criminal Code and

Section 20

c) of the Extradition Act )

Clerk: Linda Côté Courtroom: RC-18 HEARING 10:04 Commencement of the hearing. Identification of the attorneys. Mtre Neil Demmerle-Shantz produces an affidavit. Discussion between the Judge and the attorneys. 10:06 Judgment – see page 3. 10:07 Conclusion of the hearing. Clerk BY THE JUDGE JUDGMENT [ 1 ] The applicant, "a person sought" under the Extradition Act , presents an application for judicial interim release pending a judicial review of the Minister's decision rendered on September 23 rd 2014 ordering his surrender for extradition (pursuant to

section 20 (

c) of the Extradition Act and

section 679 of the Criminal Code ); [ 2 ] The respondent does not raise the matter of service within less than two clear juridical days; [ 3 ] The applicant establishes that his grounds for challenging an order of surrender are not frivolous, that he will surrender himself into custody in accordance with the terms of the present order and that his detention is not necessary in the public interest; [ 4 ] The respondent agrees to the judicial interim release subject to conditions hereunder imposed; FOR THESE REASONS , I grant the motion for judicial interim release, subject to the following conditions: ▪ Maintain the deposit of 5 000$ already made at the Office of the Superior Court; ▪ Maintain the recognizance of 10 000$ without deposit by the third party, Tarra Sparks; ▪ Make an additional deposit of 5 000$. ▪ Keep the peace and be of good behaviour; ▪ Leave his passport with the Office of the Superior Court and abstain from applying for a new one; ▪ Not leave the Province of Quebec; ▪ Reside at [...], Notre-Dame de Grâce, Québec and not change address without prior authorization of the Court; ▪ Be at this address between 10pm and 6 a.m.; ▪ Provide a landline telephone number registered to [...], Notre-Dame de Grâce and answer any calls made by law enforcement during his curfew.

This number will be [...]; ▪ Report to the RCMP twice a week at 4225 Dorchester to sign the register every Monday and Friday starting on October 24, 2014;

▪ Not communicate with Richard Allen GOODHEART, April Frances MUIR, Kenneth GOUCHER, Alberino MAGI, George CHRYSSANTHOPOULOS, Paul IFEJEH, Adrien STEPHENSON, Arlene GRUNDY, Van Wade BEDFORD, Jeffrey Morris JACOBSON, Kevin Spencer POWER, John POWER, Mark DASH, Vijayakumar RAMAKRISHNAN, Jeremiah MOSHER, Tania Tchobanova IVANOVA and John Felix ALEXANDER except in the presence of their attorneys and for the preparation of this case; ▪ Abstain from making any transactions at a MoneyGram or Western Union or any other money transfer company; ▪ Abstain from directly or indirectly working in telemarketing in any capacity; ▪ Abstain from frequenting any bar or nightclub; ▪ Abstain from consuming or being in possession of or consuming any controlled substances; ▪ Abstain from having in his possession and carrying, for any purpose whatsoever, offensive or restricted-use weapons or imitation weapons, including starter or pellet pistols, firearms, crossbows, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, explosive substances or knives (except in restaurants and for lawful purposes) and edged weapons. ▪ Surrender into the custody of the Rivière-des-Prairies Detention Center no later than 4pm on the day before the hearing of his appeal and/ or application for judicial review.

The petitioner acknowledges having been informed that his failure to do so may result in his appeal and/or application being dismissed without a hearing. marie st-pierre , J.A.