2019 QCCA 415, 2019 QCCA 415

Filippas c. Attorney General of Canada (United States of America) 2019 QCCA 415 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007007-196 (500-36-008938-188) MINUTES OF THE HEARING DATE: March 12, 2019 THE HONOURABLE stephen w. hamilton , J.A. PETITIONER COUNSEL KONSTANTINOS FILIPPAS Mtre LÉONARD WAXMAN (Léonard Waxman) RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA, on behalf of the United States of America Mtre CONSTANTINA ANTONOPOULOS (Ministère de la Justice Canada) DESCRIPTION: Motion for interim release pending the Minister’s surrender decision. (S. 20(

b) Extradition Act , 679(1) Cr. C ., 41 et seq . R.C.A.Q.C.M. ) Clerk: Alya Elisio Courtroom: RC-18

HEARING 2:30 Commencement of the hearing. Identification of counsel. The motion is not contested. BY THE JUDGE: see judgment page 3. 2:35 End of hearing.

Alya Elisio Clerk BY THE JUDGE JUDGMENT [ 1 ] The United States seeks the extradition of the Petitioner to face charges that he, along with others participated in a large scale fraudulent telemarketing scheme. [ 2 ] At the committal hearing on February 21, 2019 before Justice Myriam Lachance, the Petitioner admitted that the test for committal was met and he consented to his committal to await surrender for extradition to the United States. [ 3 ] The committal order was issued this morning by Justice Lachance. [ 4 ] The Petitioner seeks his interim release under Subsection 20(

b) of the Extradition Act pending the decision of the Minister of Justice on whether he should be surrendered to the United States. [ 5 ] He was granted interim release on June 8, 2018 and he has always respected his bail conditions and has attended court as required. [ 6 ] The Petitioner appears to meet the conditions of

Section 679 of the Criminal Code . [ 7 ] Counsel for the Attorney General of Canada does not contest the interim release of the Petitioner and provides a list of conditions to which she would consent. FOR THESE REASONS, THE UNDERSIGNED: [ 8 ] GRANTS the Petitioner’s application for interim release pending the Minister’s decision; [ 9 ] ORDERS the interim release of the Petitioner Konstantinos Filippas pending the decision of the Minister of Justice on his surrender to the United States, on the following conditions: 1.

Maintain the deposit of $15,000 by a designated surety, Kane Lahaie-Filippas, […], Montreal, Quebec, […]; 2. Keep the peace, be of good behavior and appear in Court when required; 3. Leave his passport with the RCMP and abstain from applying for a passport or obtaining travel documents from any country;

4. Not leave the province of Quebec; 5. Reside at […], Montreal, Quebec and not change address without prior authorization from the Court; 6. Be at this address between 11pm and 7am except for reasons of a medical emergency or legitimate employment; 7. Obtain and maintain a landline registered to […], Montreal, Quebec and answer any calls made by law enforcement during curfew. This number will be […]; 8. Report in person to the RCMP Headquarters located at 4225 Dorchester, Westmount, Quebec, every Tuesday between 8am and 6pm to sign the register, starting on March 19, 2019; 9.

Have a copy of these conditions on his person at all times when he is outside his residence; 10. Abstain from communicating with Itcace Abramovici, Sebastiano Joseph Torino, Michael Paré, Michael Dissos and Reouven Dreiblatt, except in the presence of their attorneys in preparation of this case; 11. Abstain from communicating with any of the victims named in the Record of the Case; 12. Abstain from working in telemarketing in any capacity; 13. Abstain from using a Moneygram or Western Union service or other money transfer service; 14.

Surrender into the custody of the Rivière-des-Prairies Detention Centre within 24 hours of his counsel, or himself, being advised that the Minister is ready to render his decision on surrender. [ 10 ] 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. stephen w. hamilton , J.A.