2014 QCCA 1550, 2014 QCCA 1550

Magi c. United States of America 2014 QCCA 1550 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL N o : 500-10-005705-148 & 500-10-005488-133 (500-36-006450-129) MINUTES OF THE HEARING DATE: August 20, 2014 THE HONOURABLE MADAM JUSTICE MARIE ST-PIERRE, J.A. PETITIONER ALBERINO MAGI In person RESPONDENTS ATTORNEY UNITED STATES OF AMERICA THE ATTORNEY GENERAL OF CANADA Me Constantina Antonopoulos Ministère de la Justice Canada MOTION TO MODIFY CONDITIONS OF RELEASE in relation to the extradition and committal order rendered against Petitioner on August 26 th , 2013, by the Honourable Justice Jean-François Buffoni j.s.c. (Section 20 Extradition Act and

Section 679, Canadian Criminal Code)

Clerk: Nadia Samy Court Room: RC.18 HEARING 9:52 Commencement of hearing. Mtre Antonopoulos mentions that the motion presented by Mr. Magi should be amended to read as follows: ‘Application for release pending the determination of the appeal of the order of committal’. Mtre Antonopoulos also mentions that ‘section 20 b)’ should be amended to read ‘section 20 a). Submissions by Mtre Antonopoulos. 9:54 Recess. 9:58 Resumption. Discussion between the Judge and Mtre Antonopoulos. 10:05 Recess. 10:37 Resumption. Comments by the Judge to Mtre Antonopoulos and Mr.

Magi. 10:38 Comments by Mtre Antonopoulos. 10:40 Mtre Antonopoulos suggests that Mr. Magi make a verbal request to not constitute himself prisoner by amending the conditions imposed by Madam Justice Marie St- Pierre in her judgment rendered on August 26, 2013 as modified by Mr. Justice Hilton on April 17 th 2014. 10:41 Mr.

Magi makes a verbal motion to modify his conditions of release (imposed by judgment rendered on August 26th, 2013, and modified by judgment rendered on April 17, 2014) so that instead of having to surrender within 24 hours of the decision of the Minister of Justice ordering his surrender to the United States , he be allowed to surrender not later than August 26, 2014, at 5 PM. 10 :42 Mtre Mtre Antonopoulos consents to such a motion. Judgment – see page 3. 10 :45 End of the hearing.

Clerk JUDGMENT Given the verbal motion made by appellant to modify his conditions of release in the appeal file before this court (500-10-005488-133); Given the representations of the parties and the consent of counsel for the respondent to said verbal motion; FOR THESE REASONS , THE UNDERSIGNED: [ 1 ] GRANTS the verbal motion made by the petitioner; [ 2 ] REPLACES the last condition mentioned in the judgment rendered by Madam Justice Marie St-Pierre on August 26, 2013 ( 2013 QCCA 1466 ) modified by a judgment rendered by Mr. Justice Allan R.

Hilton on April 17, 2014 ( 2014 QCCA 807 ), which last condition reads as follows : Surrender into the custody of the Rivière-des-Prairies Detention Center within 24 hours of the decision of the Minister of Justice ordering his surrender to the United States . By the following condition: Surrender into the custody of the Rivière-des-Prairies Detention Center on August 26, 2014, no later than at 5 PM . [ 3 ] MAINTAINS all the other conditions of release imposed.

[ 4 ] DECLARES that the written motion made in file 500-10-005705-148 is without object and, therefore, dismissed. MARIE ST-PIERRE, J.A.