2022 QCCA 261, 2022 QCCA 261

Singh c. Minister of Justice of Canada 2022 QCCA 261 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007680-216 , 500-10-007723-214 ( 500-36-008575-170 ) MINUTES OF HEARING DATE: February 16, 2022 THE HONOURABLE LUCIE FOURNIER, J.A. No: 500-10-007680-216 PETITIONER COUNSEL CHARAN SINGH Mtre LÉA FEBBRARO ( Coupal Chauvelot ) By videoconference RESPONDENT COUNSEL Minister of justice of Canada Mtre FRÉDÉRIC HIVON ( Ministère de la Justice du Canada ) By videoconference IMPLEADED PARTY United States of America ABSENT AND UNREPRESENTED No: 500-10-007723-214 PETITIONER COUNSEL

CHARAN SINGH Mtre LÉA FEBBRARO ( Coupal Chauvelot ) By videoconference RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA on behalf of the UNITED STATES OF AMERICA Mtre FRÉDÉRIC HIVON ( Ministère de la Justice du Canada ) By videoconference IMPLEADED PARTY UNITED STATES OF AMERICA ABSENT AND UNREPRESENTED DESCRIPTION: 500-10-007680-216 Application for modification of the conditions regarding release of the appellant pending the Minister of Justice’s surrender decision (Art. 20(

b) of the Extradition Act ). 500-10-007723-214 Application for release pending the appeal on committal (Art. 20(

a) of the Extradition Act ). Clerk at the hearing : René Gutknecht Courtroom: RC-18 HEARING 9:40 Commencement of the hearing. Identification of counsel. 9:41 Submissions by Mtre Febbraro. 9:43 Submissions by Mtre Hivon. BY THE JUDGE: Judgment – see page 4. Conclusion of the hearing. René Gutknecht, Clerk at the hearing JUDGMENT

[ 1 ] In view of the fact that the respondent does not contest the motions insofar as the applicant undertakes to respect the conditions of release; [ 2 ] In view of the fact that the applicant undertakes to comply with these conditions during the appeal; [ 3 ] In view of the fact that the applicant has remained substantially at liberty during the course of the trial proceedings, that he has always complied with the conditions imposed on him and that his appeal does not appear to be frivolous, thus satisfying the conditions of s. 679(1) and (3) of the Criminal Code applicable as per s. 20 of the Extradiction Act ; [1] [ 4 ] Given that the applicant should therefore be released on the conditions set out below, pending the outcome of the appeal; FOR THESE REASONS, THE UNDERSIGNED : IN FILE NUMBER 500-10-007723-214: [ 5 ] GRANTS the motion for release pending the appeal on committal; [ 6 ] ORDERS the release of the petitioner Charan Singh, under the following conditions that the petitioner will: 1.

Satwant Sidhu will act as surety and make a cash deposit of $10,000 and a recognizance of $100,000 without deposit; 2. Mr. Singh will keep the peace, be of good behaviour and appear in Court whenever required; 3. Maintain the deposit of his Canadian and Malaysian passports at the Office of the Superior Court and refrain from applying for any other passport or any travel document from any country; 4. He will remain within the Province of Québec or Ontario (only for work purposes); 5. He will reside at [...], L’ile-Perrot (Québec) [...]; 6. He will not change address without prior authorization of the Court; 7.

He will not communicate with Guy Deland or Aydan Sin except in the presence of their attorneys; 8. He will not possess any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all those things as defined by the Criminal Code ; 9. He will report to the RCMP station located at 2200 Reverchon, Suite 288, Dorval, Québec, between 9:00 a.m. and 4:00 p.m. and sign the register once a week on Fridays beginning on the first Friday after his release; 10.

He will surrender himself into the custody of Rivière-des-Prairies detention centre within 24 hours of his attorney being informed, or him being informed if he is no longer represented by counsel, that this Court is ready to issue its decision on the appeal. [ 7 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose prior to the applicant being released from custody.

IN FILE NUMBER 500-10-007680-216: [ 8 ] GRANTS the Application For Modification Of The Conditions Regarding The Release Of The Applicant Pending The Minister Of Justice’s Surrender Decision ; [ 9 ] MODIFIES the conditions regarding the release of the applicant pending the Minister of Justice’s surrender decision by: ➢ adding at condition

e) not leave the province of Québec except going to Ontario for legitimate employment purposes ; ➢ striking the conditions

d) and k). LUCIE FOURNIER, J.A.