2017 QCCA 1577, 2017 QCCA 1577

Buchan c. Attorney General of Canada (United States of America) 2017 QCCA 1577 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006527-178 MINUTES OF THE HEARING DATE: October 17, 2017 THE HONOURABLE FRANÇOIS DOYON, J.A. PETITIONER COUNSEL KELEN BUCHAN Mtre ANDREW BARBACKI (André Barbacki) RESPONDENT COUNSEL THE ATTORNEY GENERAL OF CANADA representing THE UNITED-STATES OF AMERICA Mtre LAURENT BRISEBOIS (Ministère de la Justice Canada) DESCRIPTION: Application for interim release pending appeal. (Art. 679 Cr.C. et seq.; 20(

a) and (

c) of the Extradition Act ) Clerk: Mihary Andrianaivo Courtroom: RC.18

HEARING 9:30 Commencement of the hearing. Identification of counsel. The two cases, 500-10-006527-178, are heard jointly. The application is not contested. 9:31 Exchanges between the Judge and the parties. 9:32 BY THE JUDGE: Judgment – See page 3. 9:33 Exchanges between the Judge and the parties. 9:35 End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] The Respondent rightly consents that the Applicant be released on bail as he meets all the conditions set out in s. 679 Cr.C.

THEREFORE, THE UNDERSIGNED: [ 2 ] GRANTS the Application for interim release; [ 3 ] ORDERS the release of the Applicant Kelen Buchan pending his appeal, subject to the following conditions: a. Maintain the deposit of $10,000 already made before the Office of the Superior Court; b. Keep the peace and be of good behaviour and attend Court whenever required; c. Leave his passport with the Office of the Superior Court and abstain from applying for a new one; d. Not leave the Province of Nova Scotia, except to attend court hearing relating to his extradition proceedings; e.

Reside with his parents at […], Westphal, Nova Scotia, and not change address without prior authorization of this Court or one of its judges; f. Provide a landline telephone number registered to […], Westphal, Nova Scotia, and answer any calls made by law enforcement during his curfew. This number will be […]; g. Be at this address at all times between 11:00 p.m. and 6:00 a.m., except for legitimate employment or medical emergencies or to attend court hearings relating to his extradition proceedings; h.

Travel to Montreal from Nova Scotia to attend scheduled court hearings relating to his extradition proceedings within the 36 hours preceding each hearing, and return to Nova Scotia within the 36 hours following each hearing; i. While in Montreal to attend hearings relating to his extradition proceedings, reside with his aunt, Charmaine Cain, at […], Pierrefonds, Quebec, and not change address without prior authorization of this Court or one of its judges; j.

While in Montreal to attend hearings relating to his extradition proceedings, be at this address at all times between 11:00 p.m. and 6:00 a.m., except for medical emergencies; k. Provide a landline telephone number registered to his aunt’s address, […], Pierrefonds, Quebec, and answer any calls made by law enforcement during his curfew. This number will be […];

l. Not communicate directly or indirectly with Clifford Kirstein, Peter Lacino, Mark El Bernachawy or Aqiyl (a.k.a. Agiyl) Kamaldin, except in the presence of their attorneys and for the preparation of this case; m. Not communicate with any of the victims mentioned in the Record of the Case; n. Abstain from making any transactions at MoneyGram or Western Union or any other money transfer company; o. Abstain from directly or indirectly working in telemarketing in any capacity; p.

Report to the RCMP once a week at 44 Simmonds Road, North Preston, Nova Scotia, B2Z 1A3, to sign the register every Monday, starting October 23, 2017; whenever the Monday is a public holiday, the register must be signed instead on the next working day; q. Surrender into the custody of the Rivière-des-Prairies Detention Center locate at 11900 Armand-Chaput Ave., Montreal, no later than 4:00 p.m. on the day prior to the hearing of the appeal and of the application for judicial review of the Minister’s decision.

The applicant acknowledges having been informed that his failure to do so may result in his appeal and/or application being dismissed without a hearing; [ 4 ] ORDERS that these undertakings be subscribed before a justice of the peace assigned to such matters before the Applicant is released. FRANÇOIS DOYON , J.A.