2020 QCCA 600, 2020 QCCA 600
Opinion
Anagnostaras c. Attorney General of Canada (United States of America) 2020 QCCA 600 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006690-182 ( 500-36-008704-176 ) MINUTES OF HEARING DATE: April 28, 2020 THE HONOURABLE ALLAN R. HILTON, J.A.
PETITIONER COUNSEL Haralambos Anagnostaras Mtre Geoffroy Huet ( Les avocats Poupart, Touma ) Absent RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA on behalf of the UNITED STATES OF AMERICA Mtre CLAUDINE DIB (Ministère de la Justice Canada) Absent IMPLEADED PARTY COUNSEL THE UNITED STATES OF AMERICA DESCRIPTION: Motion to vary conditions of release (Section 20b) of the Extradition Act and s. 679 of the Criminal Code ). Clerk at the hearing : Anne Dumont Courtroom: —- HEARING
Seeing the consent, the parties have been excused from appearing in Court. BY THE JUDGE : Judgment – see page 3.
Anne Dumont, Clerk at the hearing JUDGMENT [ 1 ] Seeing the Petitioner’s “requête en modification des conditions de remise en liberté”; [ 2 ] Seeing the judgment of the Honourable François Doyon, J.A., of April 4, 2018, granting interim release, and particularly conditions 5, 6, 7 and 11 thereof, which obliges Petitioner to report to the RCMP once a week to sign the register; [ 3 ] Considering the need to minimize movement according to the measures adopted by the Government of Quebec in response to the Covid 19 pandemic; [ 4 ] Seeing that the Application is not contested; FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] GRANTS the “requête en modification des conditions de remise en liberté”; [ 6 ] VARIES conditions of release number 5, 6, 7 and 11 in the judgment of April 4, 2018 of the Honourable François Doyon, J.A., to read as follows: 5.
Reside at [...], Laval, Québec , or at any address indicated by the Commission des liberations conditionnelles ; and not change address without prior authorization of the Court or a judge of the Court; 6. Be at this address one or the other address cited above between 21:00 p.m. and 6 a.m., except for legitimate work purposes, school, medical emergencies, or in the presence of his Father Constantine Anagnostaras (D.O.B. […], 1962), mother Helen Kartsonis (D.O.B. […]-1962) or brother Vasilios Anagnostaras (D.O.B. […], 1988) as long as they are reachable on their cellular phone; 7.
Report to the RCMP once a week at 2200 Reverchon Ave., suite 288, Dorval, Québec, H9P 2S7, to sign the register every Monday starting on April 9, 2018. When the reporting falls on a statutory holiday, he shall report on the next business day. Except : a. While he is residing at an address indicated by the Commission des liberations conditionnelles, this obligation is replaced by an obligation to call the detachment every Monday from the landline phone of the facility where he will be residing ; b.
Once he will be residing again at [...], Laval, Quebec and for the duration the health emergency decreed by the government of Quebec on March 13 th , 2020, this obligation is replaced by an obligation to call the detachment every Monday from the following landline phone number: [...]; 11. Abstain from using any computer device, unless while attending class at the Competency Development Center; or under the supervision of his father, mother or brother.
Except: while he is residing at a halfway house indicated by Commission des liberations conditionnelles, he should do so under the supervision of an employee of the halfway house . ALLAN R. HILTON, J.A.
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