2016 QCCA 1332, 2016 QCCA 1332

M.M. c. Canada (Attorney General) (United States of America) 2016 QCCA 1332 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006232-167 (500-36-005664-100) MINUTES OF THE HEARING DATE: August 17, 2016 THE HONOURABLE marie st-pierre , J.A. APPLICANT COUNSEL M.M. (A.K.A. MI. ME.) Mtre MARIE-HÉLÈNE GIROUX (Monterosso Giroux) RESPONDENT COUNSEL THE ATTORNEY GENERAL OF CANADA FOR THE UNITED STATES OF AMERICA Mtre MAGUY HACHEM (Ministère de la Justice Canada) DESCRIPTION: MOTION FOR RELEASE FROM PRISON

Section 20(

c) of the Extradition Act of Canada , Section 679(1) and 515 of the Criminal Code and

article 53 of the Rules of the Court of Appeal in Criminal Matters ) Clerk: Robert Osadchuck Courtroom: RC-18

HEARING 9:32 Commencement of the hearing. Identification of counsel. 9:32 Representations by Mtre Hachem. The motion is not contested. 9:34 By the Court: judgment – see page 3. Robert Osadchuck Clerk BY THE JUDGE JUDGMENT [ 1 ] Considering the motion for release (Section 20 (

c) of the Extradition Act of Canada and

Section 679 of the Criminal Code ); [ 2 ] Considering the consent of the respondent; [ 3 ] Considering that I am of the opinion that the applicant has met the three conditions of

Section 679 of the Criminal Code ; THEREFORE, THE UNDERSIGNED: [ 4 ] GRANTS the motion; [ 5 ] ORDERS the release of the applicant, pending the judicial revision of the Minister’s decision, according to the following conditions: 1. Maintain the existing deposit of $5,000 by D. N. in file 500-36-005664-100; 2. Keep the peace and be good behaviour; 3. Reside at […], Lac Megantic, Québec, and not change address without the permission of the court; 4. Be at [...], Lac Megantic, Québec, 22 hours a day every day except for medical emergency involving her, one of her children or her mother D.

N. and to sign the register pursuant to condition #10; 5. Notwithstanding condition #4, be at [...], Lac Megantic between 8:00PM and 10:00AM every day except for medical emergency involving her, one of her children or her mother D. N.; 6. Keep a landline number registered at the address [...], Lac Megantic and be able to answer calls by law enforcement. That telephone number will be [...]; 7. Not leave the province of Québec; 8. Abstain from the consumption of alcohol and illegal drugs; 9.

Abstain from going to any bar, club or similar place, private or public in which alcohol and/or drugs are consumed or may be consumed including family parties; 10. Continue reporting to the S.Q. office at 3025, Laval, Lac Megantic, Québec three times a week i.e. every Monday, Wednesday and Friday to sign the register;

11. Refrain from using, carrying or having in her possession any firearms or weapons of any sort except for knives for legitimate purposes; 12. Constitute herself prisoner at Leclerc Institute within 24 hours before the judicial review of the Minister’s decision; 13. Refrain from making a passport application for herself or any of her minor children. [ 6 ] ORDERS that an undertaking of those conditions be given before a justice of the peace assigned to such matters, before the applicant is released. marie st-pierre , J.A.