2016 QCCA 2077, 2016 QCCA 2077

Kirstein c. United States of America (Attorney General of Canada) 2016 QCCA 2077 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006319-162 (500-36-007612-156) MINUTES OF THE HEARING DATE: December 15, 2016 THE HONOURABLE MARIE-FRANCE BICH, J.A. APPLICANT COUNSEL CLIFFORD KIRSTEIN Mtre KIM HOGAN (Labelle Côté Tabah) RESPONDENT COUNSEL UNITED STATES OF AMERICA, represented by the ATTORNEY GENERAL OF CANADA Mtre LAURENT BRISEBOIS (Minister of Justice of Canada) DESCRIPTION: Application for interim judicial release ( Section 679 (1) of the Criminal Code ,

section 20 of the Extradition Act and

article 53 of the Rules of the Court of Appeal in Criminal Matters ) Clerk: Robert Osadchuck / Élisabeth Lanctôt Courtroom: RC-18

HEARING 11 :33 Commencement of the hearing. Identification of counsel. 11:33 Submissions by Mtre Hogan. 11:42 The motion is not contested by the Attorney General of Canada. 11:44 Justice Bich addresses to Mtre Hogan. 11:48 Recess. 11:51 Resumption of the hearing. 11:51 Judgment – see page 3. Robert Osadchuck / Élisabeth Lanctôt Clerk BY THE JUDGE JUDGMENT [ 1 ] Seeing the applicant’s motion for judicial release pending the determination of his appeal from an order of committal made by the Honourable Guy Cournoyer, J.S.C., on December 14, 2016, under

section 29 of the Extradition Act (“ E.A. ”); [ 2 ] Seeing that the motion is not contested by the respondent; [ 3 ] Seeing that, according to para. 20

c) E.A. and s. 679 Cr.C . , the applicant (who has been on bail throughout the judicial process) has established that his appeal is not frivolous and his grounds of appeal arguable, that he will surrender himself into custody when required and that his detention is not necessary in the public interest; [1] [ 4 ] Seeing that the release conditions jointly suggested by the parties are reasonable; THE UNDERSIGNED: [ 5 ] GRANTS the motion; [ 6 ] ORDERS the release of the applicant Clifford Kirstein pending the determination of his appeal of the order of committal, subject to the following conditions: 1° Maintain the deposit of $10,000 which has already been made in the Office of the Superior Court; 2° Keep the peace, be of good behaviour and attend the Court whenever required; 3° Leave his passport with the Office of the Superior Court and abstain from applying for a new one; 4° Not leave the Province of Quebec; 5° Reside at […], and not change address without prior authorization of this Court or one of its judges; 6° Be at this address at all times between 11:00 p.m. and 6:00 a.m., except for legitimate employment or education purposes, or medical emergencies; 7° Provide a landline telephone number registered to the residence at […], Dollard-des-Ormeaux, and answer any calls made by law enforcement during his curfew.

This number is the following: […]; 8° Not communicate directly or indirecly with Peter Lacino, Mark El Bernachawy, Agiyl Kamaldin, or Kelen Magael Buchan, except in the presence of their attorneys and for the preparation of this case; 9° Not communicate with any of the victims mentioned in the Record of the Case; 10° Abstain from making any transactions at MoneyGram or Western Union or any other money transfer company; 11° Abstain from directly or indirectly work in telemarketing in any capacity;

12° Report to the RCMP once a week at 4225 Dorchester, Westmount, starting December 19, 2016, and sign the register every Monday thereafter between 7:30 a.m. and 4:00 p.m. Should a Monday coincides with a statutory holiday, report and sign the register on the next working day; 13° Surrender into the custody of the Rivière-des-Prairies Detention Center located at 11900 Armand Chaput Ave., Montreal, no later than 4:00 p.m. on the day prior to the hearing of the appeal.

The applicant acknowledges having been informed that his failure to do so may result in his appeal being dismissed without a hearing. [ 7 ] ORDERS that these undertakings be subscribed before a justice of the peace assigned to such matters before the applicant is released. MARIE-FRANCE BICH , J.A.