2021 QCCA 1584, 2021 QCCA 1584

Singh c. Minister of Justice of Canada 2021 QCCA 1584 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007680-216 , 500-10-007684-218 ( 500-36-008575-170 ) (500-36-008576-178) MINUTES OF HEARING DATE: October 22, 2021 THE HONOURABLE FRÉDÉRIC BACHAND, J.A. 500-10-007680-216 (500-36-008575-170) APPELLANT COUNSEL charan sing H Mtre Louis-Nicolas Coupal -SCHMIDT ( Coupal Chauvelot ) By videoconference RESPONDENT COUNSEL minister of justice of canada Mtre Frédéric Hivon M tre Adrienne Rice ( Minister of Justice Canada ) By videoconference IMPLEADED PARTY COUNSEL united states of america Absent and unrepresented 500-10-007684-218 (500-36-008576-178) APPELLANT COUNSEL

Guy Deland Mtre MARIE-HÉLÈNE GIROUX ( Me Marie-Hélène Giroux Avocats ) By videoconference RESPONDENT COUNSEL minister of justice of canada Mtre Frédéric Hivon M tre Adrienne Rice ( Minister of Justice Canada ) By videoconference IMPLEADED PARTY COUNSEL united states of america Absent and unrepresented Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 10:00 Commencement of the hearing. Identification of counsel. Preliminary comments. 10:01 Submissions by Mtre Coupal-Schmidt.

Exchanges between the parties on the conditions for release. 10:03 BY THE JUDGE: Judgment – see page 3. 10:04 The judge addresses to Mtre Giroux. 10:05 Submissions by Mtre Giroux. 10:08 Comments by Mtre Coupal. 10:10 The judge addresses to Mtre Giroux. Exchanges between the parties. 10:14 Conclusion of the hearing. Mélanie Camiré, Clerk at the hearing JUDGMENT IN FILE NUMBER 500-10-007680-216

[ 1 ] The applicant is asking to be released pending the Minister of Justice’s decision under

section 40 of the Extradition Act [1] respecting his surrender to the United States for prosecution on charges relating to weapons trafficking and firearms exportation.

He argues that his release is warranted for the following reasons: • he has important information regarding his personal situation, his constitutional rights under sections 6 and 7 of the Canadian Charter of Rights and Freedoms and the opportunity to prosecute locally to bring to the Minister’s attention; • he is a Canadian citizen and has three children; • the entire investigation targeting his actions was conducted when he was in Canada; • he is under treatment for medical issues which include diabetes and an important foot infection; • he was released on bail in July 2017 and has respected all conditions imposed upon him; • he his prepared to make significant financial undertakings. [ 2 ] As per

section 20 of the Extradition Act , the criteria set out in Section 679(3) Cr.C . are applicable to this application. I have reviewed the record and I agree with the respondent that the relevant criteria are met: the arguments the applicant intends to make to the Minister are not frivolous; [2] I am confident that he will surrender himself into custody in accordance with the terms of the order; and his detention is not necessary in the public interest. FOR THESE REASONS, THE UNDERSIGNED: [ 3 ] GRANTS the application for release pending the Minister of Justice’s surrender decision; [ 4 ] ORDERS that the applicant Charan Singh be released from custody on the following conditions:

a) maintain a cash deposit of $10,000 and a recognizance of $100,000 without deposit by Satwant Sidhu at the Office of the Superior Court;

b) keep the peace and be of good behavior and be present as required by the Court;

c) reside at [...], L’Île-Perrot, Quebec, [...], and not change address without the Court’s prior authorization;

d) remain at this address between 11pm and 6am except for legitimate work purposes or a medical emergency;

e) not leave the province of Quebec;

f) maintain landline number 514-[...] registered to [...], L’Île-Perrot, Quebec, [...], and answer any calls made by law enforcement during curfew;

g) maintain the deposit of his Canadian and Malaysian passports at the Office of the Superior Court and refrain from applying for any other passport or any travel document from any country;

h) refrain from communicating or attempting, directly or indirectly, to communicate with Guy Deland and Aydan Sin, except in the

presence of their attorneys for the preparation of the present case;

i) report to the RCMP station located at 2200 Reverchon, suite 228, in Dorval, Quebec, between the hours of 9am and 4pm to sign the register every Friday, beginning on October 29, 2021;

j) abstain from possessing or carrying for any reason whatsoever offensive or restricted weapons or imitation weapons, including starting guns, pellet guns, firearms, crossbows, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, explosive substances, knives (except in restaurants and for a legitimate purpose) or edged weapons;

k) surrender himself into the custody of Rivière-des-Prairies detention Centre within 24 hours of his attorney being informed, or him being informed if he is no longer represented by counsel, that the Minister is ready to issue his decision on surrender;

l) keep a copy of these conditions on his person at all times while outside his home. [ 5 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose prior to the applicant being released from custody. IN FILE NUMBER 500-10-007684-218 [ 6 ] The applicant is asking to be released pending the Minister of Justice’s decision under

section 40 of the Extradition Act [3] respecting his surrender to the United States for prosecution on charges relating to weapons trafficking and firearms exportation. He argues that his release is warranted for the following reasons: • he has relevant information to bring to the Minister’s attention; • he is a Canadian citizen; • the entire investigation targeting his actions was conducted when he was in Canada; • he was released on bail in July 2017 and has respected all conditions imposed upon him; • he his prepared to make significant financial undertakings. [ 7 ] As per

section 20 of the Extradition Act , the criteria set out in Section 679(3) Cr.C . are applicable to this application. I have reviewed the record and I agree with the respondent that the relevant criteria are met: the arguments the applicant intends to make to the Minister are not frivolous; [4] I am confident that he will surrender himself into custody in accordance with the terms of the order; and his detention is not necessary in the public interest. FOR THESE REASONS, THE UNDERSIGNED: [ 8 ] GRANTS the application for release pending the Minister of Justice’s surrender decision; [ 9 ] ORDERS that the applicant Guy Deland be released from custody on the following conditions:

a) maintain a cash deposit of $10,000 and a recognizance of $100,000 without deposit by Stephanie Devine SIDHU at the Office of the Superior Court;

b) keep the peace and be of good behavior and be present as required by the Court;

c) reside at [...], Pincourt, Quebec, and not change address without the Court’s prior authorization;

d) remain at this address between 11pm and 6am except for legitimate work purposes or a medical emergency;

e) not leave the province of Quebec;

f) provide a landline telephone number registered to his address and answer any calls made by law enforcement during curfew;

g) maintain the deposit of his passport at the Office of the Superior Court and refrain from applying for any other passport or any travel document from any country;

h) refrain from communicating or attempting, directly or indirectly, to communicate with Charan Singh and Aydan Sin, except in the presence of their attorneys for the preparation of the present case;

i) report to the RCMP station located at 2200 Reverchon, suite 228, in Dorval, Quebec, between the hours of 9am and 4pm to sign the register every Friday, beginning on October 29, 2021;

j) abstain from possessing or carrying for any reason whatsoever offensive or restricted weapons or imitation weapons, including starting guns, pellet guns, firearms, crossbows, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, explosive substances, knives (except in restaurants and for a legitimate purpose) or edged weapons;

k) surrender himself into the custody of Rivière-des-Prairies detention Centre within 24 hours of his attorney being informed, or him being informed if he is no longer represented by counsel, that the Minister is ready to issue his decision on surrender;

l) keep a copy of these conditions on his person at all times while outside his home. [ 10 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose prior to the applicant being released from custody. FRÉDÉRIC BACHAND, J.A.