2017 QCCA 1081, 2017 QCCA 1081

Delisle c. Attorney General of Canada (United States of America) 2017 QCCA 1081 COUR D’APPEL CANADA PROVINCE DE QUÉBEC GREFFE DE MONTRÉAL N° : 500-10-006467-177 (500-36-008180-161) DATE : 28 JUILLET 2017 SOUS LA PRÉSIDENCE DE L'HONORABLE MARIE-FRANCE BICH, J.C.A. MARK DELISLE REQUÉRANT – intimé c. PROCUREURE GÉNÉRALE DU CANADA Agissant pour le compte des États-Unis d’Amérique INTIMÉE – poursuivante JUGEMENT RECTIFICATIF [ 1 ] Lors de la rédaction du jugement prononcé séance tenante le 28 juin 2017, une erreur d’écriture s’est glissée au 6 e alinéa du paragraphe [5] du dispositif.

La condition qui y est mentionnée aurait dû se lire « Be at this address between 12:00 AM and 6:00 AM […] » plutôt que « Be at this address between 12:00 AM and 6:00 PM […] »; EN CONSÉQUENCE, LA SOUSSIGNÉE : [ 2 ] RECTIFIE le jugement du 28 juin 2017; [ 3 ] REMPLACE le paragraphe [5] du dispositif par le suivant : 1. Maintain Jerry Peltier’s recognizance in the amount of $20,000 with the Superior Court registry; 2. Keep the peace and be of good behaviour, and appear in Court whenever required; 3. Abstain from applying for a passport or any other travel document from any country; 4.

Not leave the Province of Quebec; 5. Reside at […] in Kanesatake and not change address without prior authorization of the Court or one of its judges; 6. Be at this address between 12:00 AM and 6:00 AM, except for reasons of legitimate employment or medical emergencies; 7. Keep a landline number registered to […] in Kanesatake, and answer any calls made by law enforcement during his curfew. This number will be (450) […]; 8. Keep a cellular telephone number and answer any calls made by law enforcement. This number will be (514) […]; 9.

Inform the RCMP and this Court, in advance and in writing, of any change in his employment situation (the petitioner is currently operating his own company, KM Construction, and is active in the field of industrial construction and renovation); 10. Report in person to the RCMP every Tuesday, at 2200 Reverchon Blvd., suite 288, Dorval, Quebec, between 8:00 a.m. and 4:00 p.m., and sign the register, beginning July 4, 2017; 11. Have at all times in his possession and on his person a copy of these conditions; 12.

Surrender into the custody of the Rivière-des-Prairies Detention Centre located at 11 900, Armand-Chaput Ave., Montreal, within 24 hours of the decision of the Minister of Justice ordering his surrender to the extradition partner.

MARIE-FRANCE BICH, J.C.A. Me Frank Pappas Frank Pappas & Associés Pour le requérant Me Lisa Morency Ministère de la justice du Canada Pour l’intimée Delisle c. Attorney General of Canada (United States of America) 2017 QCCA 1081 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006467-177 MINUTES OF THE HEARING DATE: June 28, 2017 THE HONOURABLE MARIE-FRANCE BICH , J.A. APPLICANT COUNSEL MARK DELISLE Mtre FRANK PAPPAS (Frank Pappas & Associé

s) RESPONDENT COUNSEL

THE ATTORNEY GENERAL OF CANADA, on behalf of THE UNITED STATES OF AMERICA Mtre LISA MORENCY (Ministère de la Justice Canada) DESCRIPTION: Application for judicial interim release (s. 20(

b) of the Extradition Act and s. 53 of the Rules of the Court of Appeal of Quebec in Criminal Matters) Clerk: Adam Scott Courtroom: RC.18 HEARING 17:12 Commencement of the hearing. 17:13 Identification of counsel. 17:14 Exchange between the judge and Mtre Pappas. 17:16 Exchange between Mtre Morency and the judge. 17:19 BY THE JUDGE: Judgment – see page 3. Conclusion of the hearing. (

s) Adam Scott Clerk BY THE JUDGE JUDGMENT [1] By judgment of the Superior Court dated June 28, 2017 (file 500-36-008180-161), the applicant was committed into custody “to await surrender to United States officials in order that he serve a sentence of 24 months imprisonment imposed by the United States District Court for the Northern District of New York on May 24, 2007” (para. 40 of said judgment). [2] Pursuant to s. 20, para. (

b) of the Extradition Act (“ EA ”) and s. 679 Cr.C. , the applicant seeks to be released pending the Minister’s decision under s. 40 EA . The respondent consents to the application as well as to the suggested conditions for release. I am of the view that the motion fulfils the criteria set out in s. 679 Cr.C. After discussion with the parties, certain modifications shall be made to the suggested release conditions. THEREFORE, THE UNDERSIGNED: [3] ABRIDGES the time limit for filing the application; [ 4 ] GRANTS the application;

[ 5 ] ORDERS the judicial interim release of the applicant pending the Minister’s decision, on the following conditions: 1. Maintain Jerry Peltier’s recognizance in the amount of $20,000 with the Superior Court registry; 2. Keep the peace and be of good behaviour, and appear in Court whenever required; 3. Abstain from applying for a passport or any other travel document from any country; 4. Not leave the Province of Quebec; 5. Reside at […] in Kanesatake and not change address without prior authorization of the Court or one of its judges; 6.

Be at this address between 12:00 AM and 6:00 PM, except for reasons of legitimate employment or medical emergencies; 7. Keep a landline number registered to […] in Kanesatake, and answer any calls made by law enforcement during his curfew. This number will be (450) […]; 8. Keep a cellular telephone number and answer any calls made by law enforcement. This number will be (514) […]; 9.

Inform the RCMP and this Court, in advance and in writing, of any change in his employment situation (the petitioner is currently operating his own company, KM Construction, and is active in the field of industrial construction and renovation); 10. Report in person to the RCMP every Tuesday, at 2200 Reverchon Blvd., suite 288, Dorval, Quebec, between 8:00 a.m. and 4:00 p.m., and sign the register, beginning July 4, 2017; 11. Have at all times in his possession and on his person a copy of these conditions; 12.

Surrender into the custody of the Rivière-des-Prairies Detention Centre located at 11 900, Armand-Chaput Ave., Montreal, within 24 hours of the decision of the Minister of Justice ordering his surrender to the extradition partner. [ 6 ] ORDERS that these undertakings be subscribed before a justice of the peace assigned to such matters prior to the applicant being released from custody. MARIE-FRANCE BICH , J.A.