2020 QCCA 593, 2020 QCCA 593
Opinion
Deland c. Attorney General of Canada (United States of America) 2020 QCCA 593 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006742-181 ( 500-36-008576-178 ) MINUTES OF HEARING DATE: April 23, 2020 THE HONOURABLE BENOÎT MOORE, J.A. PETITIONER COUNSEL Guy Deland Mtre Teddy Tabet ( Marie-Hélène Giroux Avocats ) Absent RESPONDENT COUNSEL The Attorney General of Canada on behalf of the United States of America Mtre Constantina Antonopoulos ( Department of Justice – Canada ) Absent IMPLEADED PARTY United States of America DESCRIPTION: Motion to modify the conditions for release pending judicial review of the Minister’s order to surrender (Section 20(
c) of the Extradition Act ,
section 679 of the Criminal Code and
section 53 of the Rules of the Court of appeal in criminal matters ) Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 9:33 The parties were excused from attending in Court. Judgment rendered on the face of the record – see page 3.
Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] Considering the Applicant’s Application to vary the conditions for release pursuant to s. 679 of the Criminal Code and s. 20(
c) of the Extradition Act ; [ 2 ] Considering the judgment of the Court dated November 21, 2019 granting an interim release and particularly condition 9 thereof, which obliges the Applicant to report to the Royal Canadian Mounted Police (RCMP) station three times a week to sign the register; [ 3 ] Considering the need to minimize travel according to the measures adopted by the Government of Quebec in response to the Covid-19 pandemic; [ 4 ] Considering that the Application is not contested; FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] ABRIDGES all time limits for service; [ 6 ] GRANTS the Application to vary the conditions for release pending judicial review of the Minister’s order to surrender; [ 7 ] MODIFIES condition of release number 9 in the judgment of the Court dated November 21, 2019 to read as follows: 9) Report to the RCMP station located at 2200 Reverchon, suite 228, in Dorval, QC, between the hours of 9 a.m. and 4 p.m., to sign the register three times a week, every Monday, Wednesday and Friday, beginning on November 25, 2019, except during the period covered by the provincial government’s declaration of a state of emergency on March 13, 2020, during which the obligation to report in person is replaced by the obligation to telephone RCMP Headquarters from the registered landline 438-289-3682 between 8 a.m. and 4 p.m. to confirm his presence at his residence.
BENOÎT MOORE, J.A.
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