2017 QCCA 34, 2017 QCCA 34

Dash c. Attorney General of Canada (United States of America) 2017 QCCA 34 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005486-137 MINUTES OF THE HEARING DATE: January 18, 2017 CORAM: THE HONOURABLE MANON SAVARD , J.A. MARTIN VAUCLAIR , J.A. CLAUDE BOUCHARD , J.A. ( ad hoc ) APPLICANT COUNSEL MARC DASH Mtre CLEMENTE MONTEROSSO ( Monterosso Giroux Avocats ) RESPONDENT COUNSEL THE ATTORNEY GENERAL OF CANADA on behalf of THE UNITED STATES OF AMERICA Mtre GINETTE GOBEIL M tre JOSHUA WILNER (Ministère de la justice Canada) Motion for Release (Section 20 (

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

c) of the Criminal Code and

article 53 of the Rules of the Court of Appeal in Criminal Matters .

On the judicial review of the Honourable Peter MacKay, Minister of Justice Canada, rendered on July 3, 2014. Clerk: Marcelle Desmarais Courtroom: Antonio-Lamer HEARING 10:31 Commencement of the hearing. Identification of counsel. 10:31 Mtre Ginette Gobeil participates at the hearing by phone. Discussion between the Court and the counsel. 10: 36 Counsel do not have any comments on the conditions as modified by the Court. Judgment – see page 3.

Marcelle Desmarais Clerk BY THE COURT JUDGMENT [ 1 ] After hearing the Motion for judicial review of the Minister’s decision to extradite the Applicant, the Court indicated that it expected to render its decision on Friday, January 20th, 2017 and, if not, that the matter would be taken under advisement. [ 2 ] According to his bail conditions, the Applicant was obliged to surrender into custody the day before the hearing and because no ruling on his motion has issued, the question of the necessity of a continued detention arises given that he had previously been released on bail. [ 3 ] Following the hearing, the Court inquired into Applicant’s intention in this respect.

He informed the Court that he would request his release pending the Court’s decision. Respondent conceded that no new element caused him to dispute this request. [ 4 ] Absent contestation and bearing in mind the efficient use of the limited judicial resources, the Court offered to deal with this matter immediately rather than obliging Applicant to present his motion to a judge, the possibility of a revision of the decision is practically non existing. [ 5 ] CONSIDERING the Motion and the file; [ 6 ] CONSIDERING the Respondent consents to the Applicant’s release from custody;

[ 7 ] CONSIDERING that the parties agree on the conditions of such release Respondent; [ 8 ] CONSIDERING the Court is of the opinion that the conditions for judicial release are satisfied; FOR THESE REASONS, THE COURT : [ 9 ] ABRIDGES the delay to serve and present the motion; [ 10 ] GRANTS the motion for judicial release pending the Court’s decision; [ 11 ] ORDERS the release from custody of the Applicant pending the decision of the Court, on the following conditions: a. Ms.

Huguette Janelle, a third party, will maintain her recognizance of $10,000 without deposit, to serve as security and guarantee of the following conditions; b. The Applicant shall maintain the $5,000 deposit already made with the Office of the Superior Court; c. The Applicant shall keep the peace, be of good behaviour and appear in Court whenever required; d. The Applicant shall not retrieve his passport from the Office of the Superior Court and shall abstain from applying for a passport or for any other travel document, and he shall not be in possession of any passport or other travel document; e.

The Applicant shall not leave the Province of Quebec; f. The Applicant shall reside at […], Montreal, Quebec, and not change address without prior authorization of this Court or one of its judges; g. The Applicant shall remain at this address between midnight and 6 am every day except for the purpose of legitimate employment or a medical emergency; h. The Applicant shall report to the RCMP, 4225 Dorchester Boulevard, Westmount every Monday and sign the register; i.

The Applicant shall not communicate in any manner with Kenneth Goucher, April Frances Muir, Arlene Grundy, George Chryssanthopoulos, Tania Tchobanova Ivanova, Walter Wuelfrath, Paul Ifejeh, Van Wade Bedford, Alberino Magi, Kevin Spencer Power, John Power, Richard Allen Goodheart, Adrien Stephenson, Jeremiah Mosher, Jeffrey Morris Jacobson, Vijayakumar Ramakrishnan and John Felix Alexander, except in the presence of their attorneys and for the preparation of this case; j. The Applicant shall abstain from making any transaction at MoneyGram or Western Union or any other money transfer company; k.

The Applicant shall abstain from directly or indirectly working in telemarketing in any capacity; l. The Applicant shall surrender into the custody of the Rivière-des-Prairies Detention Center within 24 hours of the Court’s decision dismissing his motion for judicial review of the Minister’s decision or of his discontinuance of his appeal. [ 12 ] ORDERS that an undertaking of these conditions be given before a justice of the peace assigned to such matters, before the Applicant is released. MANON SAVARD, J.A. MARTIN VAUCLAIR, J.A. CLAUDE BOUCHARD, J.A. (ad hoc)