2018 QCCA 834, 2018 QCCA 834

Deland c. Attorney General of Canada (United States of America) 2018 QCCA 834 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006742-181 (500-36-008576-178) MINUTES OF THE HEARING DATE: May 23, 2018 THE HONOURABLE allan r. hilton , J.A. PETITIONER COUNSEL GUY DELAND Mtre MARIE-HÉLÈNE GIROUX (Monterosso Giroux Lamoureux Avocats) RESPONDENT COUNSEL THE ATTORNEY GENERAL OF CANADA on behalf of THE UNITED STATES OF AMERICA Mtre CONSTANTINA ANTONOPOULOS (Ministère de la Justice Canada) DESCRIPTION: Application for interim release pending the Minister of Justice’s surrender decision. (Section 20(

b) of the Extradition Act , 679 Cr. C. , 53 R.C.A.C.M. ) Clerk: Mihary Andrianaivo Courtroom: RC.18

HEARING 8:31 Commencement of the hearing. The application is not contested. The Honourable Justice Allan R. Hilton, J.A. is hearing the case through telephone conference. Exchanges between the Judge and Mtre Constantina Antonopoulos. 8:33 BY THE JUDGE: Judgment – See page 3. End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] Seeing the application is not contested and in any event is well-founded. THEREFORE, THE UNDERSIGNED: [ 2 ] GRANTS the petitioner's (Guy Deland) motion; [ 3 ] ORDERS the petitioner's release from custody on the following conditions : 1.

Maintain cash deposit of $10,000 recognizance of $10,000 without deposit by Stephanie Devine at the Office of the Superior Court; 2. Keep the peace and be of good behavior; 3. Not leave the Province of Quebec; 4. Reside at […], Pierrefonds, QC and not change address without prior authorization of this Court; 5. Be at this residential address between 11pm and 6am except for legitimate work purposes or a medical emergency; 6. Leave his passport with the Office of the Superior Court and abstain from applying for any travel document from any country;

7. 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; 8. 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 twice a week every Monday and Wednesday beginning on May 28, 2018; 9.

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; 10. Maintain landline number 438-[…] registered to […], Pierrefonds, QC and answer any calls made by law enforcement during curfew; 11. Keep a copy of these conditions on his person at all times while outside his home; 12.

Surrender himself into the custody of Rivière-des-Prairies detention centre within 24 hours of his attorney being informed, or his being informed if he is no longer represented by counsel, that the Minister is ready to issue her decision on surrender. [ 4 ] ORDERS that the present undertaking subscribed before a justice of the peace assigned for such purpose prior to the petitioner being released from custody. allan r. hilton , J.A.