2015 QCCA 2158, 2015 QCCA 2158

M.M. c. United States of America (Canada (Attorney General)) 2015 QCCA 2158 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006055-154 MINUTES OF THE HEARING DATE: December 23, 2015 THE HONOURABLE MARK SCHRAGER, J.A. PETITIONER ATTORNEY M. M. (a.k.a. MI. ME.) Mtre MARIE-HÉLÈNE GIROUX (Monterosso Giroux Avocats) RESPONDENTS ATTORNEY THE UNITED STATES OF AMERICA REPRESENTED BY THE ATTORNEY GENERAL OF CANADA Mtre GINETTE GOBEIL (Department of Justice Canada) DESCRIPTION: Motion For Release From Prison (

Section 20 of the Extradition Act , Section 679 (1) of the Criminal Code and

Article 53 of the Rules of the Court of Appeal in Criminal Matters ) Clerk: Mihary Andrianaivo Courtroom: RC-18

HEARING 15:43 Beginning of the hearing. Comments by the Judge. Exchanges between the Judge and the Parties. 15:55 Suspension of the hearing. 16:29 Resumption of the hearing. By the Judge: Judgment – See page 3. End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] I am tasked on an urgent basis with the adjudication of a motion for judicial interim release based on

section 20 of the Extradition Act [1] and

section 679 of the Criminal Code ( Cr.C. ). [2] [ 2 ] On December 11, 2015, the Supreme Court of Canada dismissed Petitioner’s appeal of the judicial review of the order of the Minister of Justice to extradite Petitioner to the United States of America to face charges related to the alleged kidnapping of her children. [ 3 ] Petitioner surrendered herself following the Supreme Court judgment and is now in custody, awaiting extradition. [ 4 ] Following a request by Petitioner’s attorneys, the Minister of Justice announced today that the extradition order would be reconsidered.

The Minister cites the passage of time and the possibility of new facts as reasons for reconsideration. [ 5 ] As an administrative act, the extradition order can be reconsidered. The Minister, unlike a quasi-judicial body, does not become functus officio once an initial decision has been made. Given this reconsideration by the Minister,

section 20(

b) of the Extradition Act applies. Accordingly, release is possible if the conditions of

section 679 Cr.C . are satisfied. [ 6 ] In such regard, the attorney appearing before me for the Minister states that release is not contested given that the grounds put forward to the Minister for reconsideration of the extradition order are not frivolous (the first criterion of

section 679 Cr.C . ). Also, Petitioner, who has been on bail throughout the judicial process, does not constitute a flight risk (the second criterion of

article 679 Cr.C. ). As for the third criterion, that release not be contrary to the public interest, Petitioner is certainly not a danger and moreover, given the Minister’s decision to reconsider the extradition order, public confidence would not be undermined by Petitioner’s release. Indeed, the opposite might be true. [ 7 ] Accordingly, I will grant interim release pending reconsideration of the extradition order, subject to the conditions agreed to by the parties, which I am informed are substantially identical to the conditions of release, which have been in force throughout the case.

THEREFORE, THE UNDERSIGNED: [ 8 ] GRANTS the motion for release from prison; [ 9 ] SHORTENS the delays for service; [ 10 ] PERMITS and ORDERS the release of Petitioner from prison pending reconsideration by the Minister of Justice, Canada, of the extradition order to which Petitioner is subject, the whole subject to the following conditions: 1) Maintain the deposit of $5,000 by D. N. in file 500-36-005664-100; 2) Keep the peace and be of good behaviour;

3) Reside at […], Lac Megantic, Quebec, and not change address without the permission of the Court; 4) Be at […], Lac Megantic, Quebec, 22 hours a day every day, except for medical emergencies involving herself, one of her children or her mother, D. N. and to sign the register pursuant to condition #11; 5) Notwithstanding condition #4, be at […], Lac Megantic, Quebec, between 8:00 PM and 10:00 AM, everyday, except for medical emergencies involving herself, one of her children or her mother, D.

N.; 6) Provide a landline registered at the address at […], Lac Megantic, Quebec, and be able to answer calls by law enforcement.

That telephone number will be […]; 7) Not leave the province of Quebec; 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 including family parties; 10) Refrain from using, carrying or having in her possession any firearms or weapons of any sort; 11) Report to the SQ office at 3025 Laval, Lac Megantic, Quebec, three times a week, every Monday, Wednesday and Friday to sign the register starting on December 28, 2015; 12) Provide any existing passports to the SQ office at 3025 Laval, Lac Megantic, Quebec, on December 28, 2015 when signing the register, so that said passports can be transferred to Corporal Daniel Dubois of the RCMP. 13) Constitute herself prisoner at Établissement de détention Maison Tanguay within 24 hours of being notified that the Minister will release her decision on reconsideration; 14) Refrain from making a passport application for herself or any of her minor children. [ 11 ] ORDERS Petitioner to subscribe to these conditions in writing before a justice of the peace or other person empowered to administer a solemn affirmation, prior to release.

MARK SCHRAGER, J.A.