2019 QCCA 427, 2019 QCCA 427

Abramovici c. Attorney General of Canada 2019 QCCA 427 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007012-196 (500-36-008940-184) MINUTES OF THE HEARING DATE: March 12, 2019 THE HONOURABLE stephen w. hamilton , J.A. PETITIONER COUNSEL ITCACE ABRAMOVICI Mtre LÉONARD WAXMAN on behalf of Mtre JOSEPH ELFASSY (Elfassy Kalash Avocats, regroupement nominal) RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA Mtre CONSTANTINA ANTONOPOULOS (Ministère de la Justice Canada) IMPLEADED PARTY UNITED STATES OF AMERICA DESCRIPTION: Motion for interim release pending the Minister’s surrender decision. (S. 20(

b) Extradition Act , 679 Cr.C .)

Clerk: Alya Elisio Courtroom: RC.18 HEARING 2:30 Commencement of the hearing. Identification of counsel. The motion is not contested. BY THE JUDGE: see judgment page 3. 2:35 End of hearing.

Alya Elisio Clerk BY THE JUDGE JUDGMENT [ 1 ] The United States seeks the extradition of the Petitioner to face charges that he, along with others participated in a large scale fraudulent telemarketing scheme. [ 2 ] At the committal hearing on February 21, 2019 before Justice Myriam Lachance, the Petitioner admitted that the test for committal was met and he consented to his committal to await surrender for extradition to the United States. [ 3 ] The committal order was issued this morning by Justice Lachance. [ 4 ] The Petitioner seeks his interim release under Subsection 20(

b) of the Extradition Act pending the decision of the Minister of Justice on whether he should be surrendered to the United States. [ 5 ] He was granted interim release on June 8, 2018 and he has always respected his bail conditions and has attended court as required. [ 6 ] The Petitioner appears to meet the conditions of

Section 679 of the Criminal Code . [ 7 ] Counsel for the Attorney General of Canada does not contest the interim release of the Petitioner and provides a list of conditions to which she would consent. FOR THESE REASONS, THE UNDERSIGNED: [ 8 ] GRANTS the Petitioner’s application for judicial release pending the Minister’s decision; [ 9 ] ORDERS the interim release of the Petitioner Itcace Abramovici pending the decision of the Minister of Justice on his surrender to the United States, on the following conditions: 1. Maintain the legal hypothec of $20,000 on the building located at […], St-Laurent, Quebec; 2.

Keep the peace and be of good behavior; 3. Leave his passport with the RCMP and abstain from applying for a passport or obtaining travel documents from any country; 4. Not leave the province of Quebec; 5. Reside at 826 Carré Simon, St-Laurent, Quebec and not change address without prior authorization from the Court;

6. Be at this address between 11pm and 7am except for reasons of a medical emergency or legitimate employment; 7. Obtain and maintain a landline registered to […], St-Laurent, Quebec and answer any calls made by law enforcement during curfew. This number will be […]; 8. Report in person to the RCMP Headquarters located at 4225 Dorchester, Westmount, Quebec, every Monday between 8am and 6pm to sign the register, starting on March 18, 2019; 9. Have a copy of these conditions on his person at all times when he is outside his residence; 10.

Abstain from communicating with Sebastiano Joseph Torino, Michael Paré, Konstantinos Filippas, Michael Dissos and Reouven Dreiblatt, except in the presence of their attorneys in preparation of this case; 11. Abstain from communicating with any of the victims named in the Record of the Case; 12. Abstain from working in telemarketing in any capacity; 13. Abstain from using a Moneygram or Western Union service or other money transfer service; 14.

Surrender himself into custody at the Rivière des Prairies Detention Centre within 24 hours of his counsel, or his, being advised that the Minister is ready to render his decision on surrender. [ 10 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose prior to the Petitioner being released from custody. stephen w. hamilton , J.A.