2018 QCCA 1741, 2018 QCCA 1741
Opinion
Jartidian c. Attorney General of Canada (United States of America) 2018 QCCA 1741 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006433-179 (500-36-007995-163) MINUTES OF THE HEARING DATE: October 18, 2018 THE HONOURABLE MARTIN VAUCLAIR , J.A. PETITIONER COUNSEL GARABET JARTIDIAN Mtre TEDDY TABET (MGL avocats) on behalf of Mtre MARIE-HÉLÈNE GIROUX (Absent) (MGL avocats) RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA Mtre CLAUDINE DIB (Department of Justice) DESCRIPTION: Motion to be released from custody. (Art. 20(
c) Extradition Act , s. 679(1) Cr. C. , 53 R.C.A.C.M. ) Clerk: Mihary Andrianaivo Courtroom: RC.18
HEARING 9:32 Commencement of the hearing. Identification of Counsel. The motion is not contested. Exchanges between the Judge and Counsel pertaining to the proposed release conditions. 9:36 BY THE JUDGE: Judgment granting the motion – See page 3. End of the hearing.
Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] Seeing the motion and the circumstances; [ 2 ] I am satisfied that the petitioner may be released from custody pending the decision of this Court in his judicial review of Minister’s order; THEREFORE, THE UNDERSIGNED: [ 3 ] ABRIDGES the time limit to present the motion; [ 4 ] ALLOWS the motion for a judicial interim release; [ 5 ] ORDERS the release from custody of Garabet Jartidian pending the decision of his judicial review of Minister’s order on his entering into a recognizance including the following conditions : a.
Maintain the cash deposit of $95,000 already made at the Office of the Superior Court in Montreal; b. Keep the peace and be of good behaviour and appear in Court whenever required; c. Leave his Canadian passport at the Office of Superior Court in Montreal and abstain from applying for any other passport or travel documents;
d. Not leave the province of Quebec; e. Reside at […], Montréal, Québec, and not change his address of residence without prior authorization of the Court or one of its judges; f. Be present at this address every day between 11:00 p.m. and 6 a.m., except for legitimate work purposes or medical emergencies; g. Not communicate with Matthew FERNANDES, Iraklis HAVIAROPOULOS and Vrej JARTIDIAN except in the presence of their attorneys and for matters pertaining to his judicial review application; h. Not contact directly or indirectly Martin GRENIER or any member of his family; i.
Report to the Sûreté du Québec once a week at 1701, rue Parthenais, Montreal, Quebec, to sign the register every Tuesday between 8:00 a.m. and 4:00 p.m.; j.
Surrender into the custody of the Rivière-des-Prairies Detention Center located at 11900, Armand-Chaput, Montreal, Quebec, within 24 hours of his discontinuance of his judicial review or the Court’s judgment dismissing same or within any other delay specified by the Court or one of its judges. [ 6 ] FURTHER ORDERS that Garabet Jartidian undertake to abide by these conditions before a justice of the peace empowered for such purpose before his judicial interim release becomes effective. MARTIN VAUCLAIR , J.A.
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