2019 QCCA 2095, 2019 QCCA 2095

Deland c. Attorney General of Canada (United States of America) 2019 QCCA 2095 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006742-181 ( 500-36-008576-178 ) MINUTES OF HEARING DATE: November 21, 2019 CORAM: THE HONOURABLE JACQUES CHAMBERLAND, J.A. MARK SCHRAGER, J.A. JOCELYN F. RANCOURT, J.A.

APPLICANT COUNSEL GUY DELAND Mtre MARIE-HÉLÈNE GIROUX ( MHG Avocats inc. ) RESPONDENT COUNSEL the attorney general of canada Mtre CONSTANTINA ANTONOPOULOS ( Ministère de la justice Canada ) IMPLEADED PARTY COUNSEL UNITED STATES OF AMERICA Mtre CONSTANTINA ANTONOPOULOS ( Ministère de la justice Canada ) DESCRIPTION: Application for release pending appeal and judicial review of the Minister's order to surrender (Section 20(

c) of the Extradition Act ,

section 679 of the Criminal Code ,

section 53 of the Rules of the Court of Appeal in Criminal Matters ) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING

2:00 p.m. Commencement of the hearing. The Court has received an email communication from the AG of Canada indicating that the Application for interim release is not contested. Accordingly, the attorneys were excused from attending. Robert Osadchuck, Clerk at the hearing JUDGMENT [ 1 ] Seeing the allegations of the Application, including the affidavits attached thereto as schedules B (Guy Deland) and C (Stephanie Devine); [ 2 ] Seeing the fact that Mr.

Deland was granted bail as early as July 19, 2017 and has been complying with the bail conditions for over 27 months; and [ 3 ] Seeing that Respondent has no objection to the Application for interim release (email dated 2019-11-21 from Me Constantina Antonopoulos); FOR THESE REASONS, THE COURT: [ 4 ] GRANTS the Application and ORDERS that Mr. Deland be released from custody on the following conditions: 1. Maintain the cash deposit of $10,000 and the recognizance of $10,000 without deposit by Stephanie Devine at the Office of the Superior Court; 2. Supplementary cash deposit of 500$; 3.

Keep the peace and be of good behaviour; 4. Not leave the Province of Quebec; 5. Reside at […], Pierrefonds, QC and not change address without prior authorization of this Court; 6. Be at this residential address between 11pm and 6am except for legitimate work purposes or medical emergencies; 7. Leave his passport with the Office of the Superior Court and abstain from applying for any travel document from any country; 8. Abstain from communicating in any manner with Charan Singh and Aydan Sin except in the presence of their attorneys for the preparation of this case; 9.

Report to the RCMP station located at 2200 Reverchon, suite 228, in Dorval, QC between the hours of 9am and 4pm to sign the register three times a week every Monday, Wednesday and Friday beginning on November 25 th 2019; 10. Not possess or carry, for any reason, offensive or restricted weapons or imitation weapons, including starter pistols and pellet guns, firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, explosive substances, knives (except in restaurants and for a legitimate purpose) or edged weapons; 11.

Maintain landline number […] registered to […], Pierrefonds, QC and answer any calls made by law enforcement during curfew; 12. Keep a copy of these conditions on his person at all times while outside his home; 13. Surrender himself into the custody of Rivière-des-Prairies detention center within 24 hours of the notice of the Court of Appeal informing his attorney, or himself, that a decision will be rendered. [ 5 ] ORDERS that these conditions be subscribed before a Justice of the peace assigned for such purpose, prior to Mr. Deland being released from custody.

JACQUES CHAMBERLAND, J.A. MARK SCHRAGER, J.A. JOCELYN F. RANCOURT, J.A.