2019 QCCA 501, 2019 QCCA 501

Deland c. Minister of Justice of Canada 2019 QCCA 501 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006959-199 (500-36-008575-170) MINUTES OF THE HEARING DATE: March 21, 2019 THE HONOURABLE MARIE-JOSÉE HOGUE , J.A. PETITIONER COUNSEL GUY DELAND Mtre MARIE-HÉLÈNE GIROUX (Me Marie-Hélène Giroux Avocate inc.) RESPONDENT COUNSEL MINISTER OF JUSTICE OF CANADA Mtre CONSTANTINA ANTONOPOULOS (Ministère de la Justice Canada) 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 Cr.C. , sections 31, 47 R.C.A.Q.C.M. ) Motion to extend the deadline to produce the Petitioner’s brief for a motion for judicial review of an order to surrender (Section 77 R.C.A.Q.C.M.)

Clerk: Alya Elisio Courtroom: RC.18 HEARING 9:38 Commencement of the hearing. Identification of counsel. Exchange between the judge and counsel. Suspension of hearing. Hearing will be resumed at 2:45 p.m. where Justice Hogue will render judgment. 2:45 Resumption of hearing. BY THE JUDGE: Judgment- see page 3. Conclusion of the hearing.

Alya Elisio Clerk BY THE JUDGE JUDGMENT [ 1 ] Given the delay encountered by the petitioner in the reception of the transcriptions; [ 2 ] Given the representations made at the hearing; [ 3 ] Given the necessity to adjust the conditions accordingly; THE UNDERSIGNED: On the motion to extend the deadline to produce the petitioner’s brief for a motion for judicial review of an order to surrender [ 4 ] GRANTS the Petitioner's Guy Deland motion to extend the deadline to produce the petitioner’s brief for a motion for a judicial review of an order to surrender; [ 5 ] EXTENDS the delay to produce brief to May 15, 2019.

On the motion to modify the conditions for release pending judicial review of the minister’s order to surrender [ 6 ] GRANTS the Petitioner's Guy Deland motion to modify the conditions for release pending judicial review of the minister’s order to surrender; [ 7 ] MODIFY the conditions of release in order to reflect the extension of the delay granted to perfect his factum; and as such, [ 8 ] ORDERS the petitioner's release from custody on the following conditions: - Maintain the cash deposit of $10,000 recognizances of $10,000 without deposit by Stephanie Devine at the Office of the Superior Court; - Keep peace, be of good conduct and be present in Court whenever required; - Reside at: […], Pierrefonds, Québec, […]; - Not to change his residential address without having obtained the prior authorization of the Court or one of its judges;

- Be at this residential address between 11pm and 6am except for legitimate work purposes or a medical emergency; - Abstain from leaving Canada the Province of Quebec without having obtained the prior authorization of the Court or one of its judges; - To deposit his passport at the Office of the Superior Court and not to apply for any other passport or any travel document from any country; - Not to communicate or attempt directly or indirectly to communicate with Charan Singh and Aydan Sin except in the presence of their attorneys for the preparation of this case; - Report to the RCMP station located at 2200, avenue Reverchon, suite 228, in Dorval, Québec, between 9am and 4pm to sign the register twice a week every Monday and Wednesday beginning on December 24, 2018; - Abstain from possessing or carrying for any reason whatsoever offensive or restricted weapons, or an imitation thereof, including revolvers, starting guns, pellet guns, firearms, crossbows, prohibited weapons, restricted use weapons, prohibited devices, ammunition or explosive substances, knives (except in a restaurant and for a legitimate purpose); - Maintain landline number […] registered to […], Pierrefonds, Québec and answer any calls made by law enforcement during curfew; - Keep a copy of these conditions on his person at all times while outside his home; - Surrender himself into the custody of Rivière-des-Prairies detention centre on May 15, 2019, if the appeal and/or application for judicial review have not been perfected by this date (Appellant’s and Applicant’s facta not submitted to the Court), or if the appeal and/or judicial review have been perfected ( facta submitted to the Court) by May 15, 2019, surrender himself by 4pm on the day before the hearing for the appeal and/or application for judicial review on pain of dismissal. [ 9 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose prior to the petitioner being released from custody. marie-josée hogue , J.A.