2018 QCCA 1865, 2018 QCCA 1865

Perna c. Attorney General of Canada (United States of America) 2018 QCCA 1865 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006893-182 (500-36-008861-182) MINUTES OF THE HEARING DATE: November 2, 2018 THE HONOURABLE MARK SCHRAGER , J.A. PETITIONER COUNSEL MICHELINA PERNA Mme JESSICA DE SANTI for Mtre MARIE-HÉLÈNE GIROUX (MGL avocats) RESPONDENT COUNSEL UNITED STATES OF AMERICA Mtre CLAUDINE DIB (Ministère de la Justice Canada) DESCRIPTION: Motion to be released from custody pending the determination of the appeal. (s. 679 Cr. C .) Clerk: Lory Beauregard Courtroom: RC-18

HEARING 9:32 Commencement of the hearing. Identification of counsel. The two cases, 500-10-006894-180, are heard jointly. The application is not contested. 9:34 BY THE JUDGE : Judgment will be delivered over the course of the day. 9:35 Conclusion of the hearing. (

s) Lory Beauregard, clerk BY THE JUDGE JUDGMENT [ 1 ] Seeing the motion for interim release, pending the Minister of Justice’s surrender decision; [ 2 ] Seeing the consent of Respondent; [ 3 ] Seeing that Applicant was released on substantially the same conditions as herein proposed since March 2018, without breach; [ 4 ] Considering that the criteria of S. 20 of the Extradition Act and S. 679(3) Cr.C. are satisfied; FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] GRANTS the motion for interim release pending the Minister of Justice’s surrender decision; [ 6 ] ORDERS the release of the Applicant pending the Minister’s decision under s. 40 of the Extradition Act; [ 7 ] ORDERS that the legal hypothec filed in the Office of the Superior Court, district of Montreal, serve as security and guarantee of the above conditions; [ 8 ] ORDERS the following conditions for the temporary release of the Applicant: A.

Maintain the registration of the legal hypothec for the amount of $150,000 on the family residence located at […], Montréal, Québec, […], and belonging to her; B. Keep the peace and be of good behavior and appear in Court whenever required;

C. Maintain the deposit of her Canadian passport with Passport Canada and abstain from applying for a passport or for any other travel document from any other country, and not be in possession of any passport or other travel document; D. Not leave the province of Quebec; E. Reside at […], Montréal, Québec […] and not change address without prior authorization of the Court; F. Be present at […], Montréal, Québec […] between midnight and 7:00AM except for legitimate work purposes or medical emergencies; G.

Provide a landline telephone number registered at the residential address listed above, keep the said line functional with no call forwarding and answer any calls made by law enforcement during her curfew. The number will be […]; H. Not communicate or attempt to communicate in any way with Robert Mancini and the individuals identified in the Record of the Case except in the presence of their lawyers for the preparation of this cause and with people who, to her knowledge, have a criminal record or cases pending, except for her husband, Mr. Tolga Suatac; with the exception of Mr. Sergio Di Primio and Mr.

Vito Salvaggio; I. Abstain from directly or indirectly working in telemarketing in any capacity; J. Maintain the condition to report to the RCMP twice a week at 2200 Reverchon Ave, suite 288, Dorval, Quebec, H9P 2S7, to sign the register every Tuesday and Friday between 8:30 AM and 3:h30 PM beginning November 6, 2018. When the reporting falls on a Statutory Holiday, she shall report on the next business day; K. Have at all times in her possession and on her person a copy of these conditions; L.

Surrender herself into the custody of the Rivière-des-Prairies Detention Center within 24 hours of a Minister’s decision ordering her extradition to the United States; [ 9 ] ORDERS that the present undertaking subscribed before a justice of the peace assigned for such purpose prior to the petitioner being released from custody. MARK SCHRAGER , J.A.