2013 QCCA 1463, 2013 QCCA 1463

Wuelfrath c. United States of America 2013 QCCA 1463 COUR D'APPEL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL N o : 500-10-005485-139 (500-36-006456-126) MINUTES OF THE HEARING DATE: August 26, 2013 THE HONOURABLE MADAM JUSTICE MARIE ST-PIERRE, J.A. PETITIONER ATTORNEY WALTER WUELFRATH Mtre Sonia Mastro Matteo LAROUCHE & ASSOCIÉS, AVOCATS RESPONDENTS ATTORNEY UNITED STATES OF AMERICA THE ATTORNEY GENERAL OF CANADA Mtre Constantina Antonopoulos MINISTÈRE DE LA JUSTICE CANADA APPLICATION FOR RELEASE PENDING A DECISION OF THE MINISTER OF JUSTICE REGARDING SURRENDER (

Section 679 Criminal Code &

Section 20b) of the Extradition Act. ) Clerk: Asma Berrak Court Room: RC.18

HEARING 11 h 50: Beginning of the hearing. 11 h 50: The files 500-10-005477-136, 500-10-005478-134, 500-10-005479-132, 500-10-005480- 130, 500-10-005481-138, 500-10-005482-136, 500-10-005483-134, 500-10-005484-132, 500-10- 005485-139, 500-10-005486-137, 500-10-005487-135, 500-10-005488-133, 500-10-005489-131, 500-10-005490-139, 500-10-005491-137 and 500-10-005492-135 proceeded simultaneously. 11 h 51: The motion 500-10-005491-137 is struck. 11 h 52: Discussion between the judge and Mtre Antonopoulos. 11 h 55: Intervention by Mtre Bouthillier in Mrs Muir's file. 11 h 56: Continuation of the discussion between the judge and Mtre Antonopoulos. 11 h 58: Submission by Mtre Bouthillier in Mr Dash's file and Mrs Muir's file. 11 h 59: Judgment - see page 3. 12 h 01: Conclusion of the hearing.

Asma Berrak Clerk JUDGMENT [ 1 ] The applicant, "a person sought" under the Extradition Act , presents an application for judicial interim release pending the Minister's decision under

section 40 of the Extradition Act respecting his surrender (pursuant to

section 20 (

b) 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; ▪ Keep the peace and be of good behaviour; ▪ Not retrieve his passport from the Office of the Superior Court and abstain from applying for a new one; ▪ Not leave the Province of Quebec; ▪ Reside at 2090 Regent, Montreal and not change address without prior authorization of the Court; ▪ Be at this address between midnight and 6 a.m.;

▪ Report to the RCMP once a week at 4225 Dorchester to sign the register every Friday starting on August 30, 2013; ▪ 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; ▪ 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.

MARIE ST-PIERRE, J.A.