2021 QCCA 161, 2021 QCCA 161

Schueppel c. Attorney General of Canada (United States of America) 2021 QCCA 161 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007499-211 ( 500-36-009468-193 ) MINUTES OF HEARING DATE: January 29, 2021 THE HONOURABLE FRÉDÉRIC BACHAND, J.A.

APPLICANT COUNSEL Andrew schueppel Mtre Benjamin Wilner ( Shadley Bien-Aimé ) By videoconference RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA, on behalf of the United States of America Mtre ERIN MORGAN ( Ministère de la justice Canada ) By videoconference IMPLEADED PARTY COUNSEL the united states of america Mtre ERIN MORGAN ( Ministère de la justice Canada ) By videoconference DESCRIPTION: Application for release from prison ( Art. 679(1)

a) Criminal code and

section 20 (

c) Extradition act ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING

12:02 Commencement of the hearing. Identification of counsel. Submissions by Mtre Wilner. Exchanges between the judge and counsel. 12:06 BY THE JUDGE : Judgment – see page 3. 12:08 Conclusion of the hearing. Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] The applicant is asking to be released pending the determination of his appeal from a committal order made pursuant to the Extradition Act [1] .

The Superior Court ordered the applicant’s committal into custody to await surrender to the United States for the offence of distribution of cannabis [2] . [ 2 ] The applicant argues that his release is warranted for the following reasons: • his grounds of appeal are not frivolous; • he is a Canadian citizen; • he has a fixed address; • he has no valid passport; • he has stable employment to which he will be able to return upon his release; • in December 2019, he was released on bail pending a decision on his committal for extradition and he has respected all conditions imposed upon him; • other than the present case, his criminal record consists of two convictions in 1997 and 1991, and he received a suspended sentence on both occasion; • he has no pending cases, and he has not been charged with any criminal offence or subjected to other conditions of release; • the respondent does not contest the application. [ 3 ] As per

section 20 of the Extradition Act , the criteria set out in Section 679(3) Cr.C . are applicable to this application. I have reviewed the record, including the proposed conditions that were filed jointly, and I find that these criteria are met: the grounds for appeal are not frivolous; the applicant will surrender himself into custody in accordance with the terms of the order; and his detention is not necessary in the public interest.

FOR THESE REASONS, THE UNDERSIGNED: [ 4 ] GRANTS the application for release pending the appeal from the committal order made by the Superior Court of Québec on January 22, 2021; [ 5 ] ORDERS the applicant’s release from custody on the following conditions: 1) Maintain the deposit of $15,000 already held by the clerk of the Superior Court in file 500-36-009468-193; 2) Keep the peace and be of good conduct; 3) Reside at [...], in Godmanchester, Québec, [...]; 4) Not change his residential address without prior authorization of the Court; 5) Not leave the province of Québec; 6) Abide by a curfew and remain inside his residence at the address listed above between 11 p.m. and 5 a.m., except for legitimate work purposes or medical emergencies, including medical emergencies of his immediate family;

7) Abstain from applying for a passport or for any other travel document from any country, and not be in possession of any passport or other travel document; 8) Not communicate or attempt to communicate in any way with people who, to his knowledge, have a criminal record or pending cases; 9) Report twice a week to the RCMP detachment at 461 Dufferin Street, Valleyfield, Québec, either to sign a register in person every Monday and Thursday during opening hours (8:30 a.m. to 12 p.m. and 1 p.m. to 4 p.m.), or by phone at 450 377-3223, at the discretion of the RCMP for the duration of the COVID-19 pandemic, beginning February 1, 2021.

When reporting falls on a statutory holiday, he shall report the next business day; 10) Keep the landline already installed, registered at the residential address listed above, keep said line functional with no call forwarding and answer any calls made by law enforcement during his curfew.

The phone number of this landline will be [...]; 11) Have at all times in his possession and on his person a copy of these conditions; 12) Surrender himself to Rivière-des-Prairies Prison no later than 5 p.m. the night before the Court’s ruling on the present appeal, or at any other time this Court deems necessary; [ 6 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose prior to the applicant being released from custody. FRÉDÉRIC BACHAND, J.A.