2014 QCCA 2031, 2014 QCCA 2031
Opinion
Magi c. Canada (Attorney General) (United States of America) 2014 QCCA 2031 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL N o : 500-10-005705-148 & 500-10-005488-133 (500-36-006450-129) MINUTES OF THE HEARING DATE: November 3, 2014 THE HONOURABLE NICHOLAS KASIRER, J.A. PETITIONER ALBERINO MAGI In person RESPONDENTS ATTORNEY THE ATTORNEY GENERAL OF CANADA , representing THE UNITED STATES OF AMERICA Mtre MAGUY HACHEM ( Ministère de la Justice Canada ) DESCRIPTION : Motion to modify conditions of judicial interim release (
Section 679 of the Criminal Code and
Section 20
b) of the Extradition Act)
Clerk: Asma Berrak Court Room: RC.18 HEARING 9 :42 Commencement of hearing. Discussion between the Judge and the parties. 9:46 Judgment-see page 3. End of hearing. Clerk BY THE JUDGE JUDGMENT [ 1 ] Alberino Magi has filed a motion to change one of the conditions for interim release ordered by Hilton, J.A. on August 25, 2014 pending the outcome of his appeal and application judicial review. He seeks to limit the terms of the curfew ordered by adding that curfew is to be respected except for the purpose of legitimate work. [ 2 ] The respondent does not contest the motion.
In the circumstances, it is in the interest of justice that it be granted.
FOR THE AFOREMENTIONED REASONS , the undersigned: [ 3 ] GRANTS the motion; [ 4 ] ADDS a condition to those ordered by Hilton J.A. by amending the 7 th condition so order to read as follow : • Be at this address between midnight and 6:00 am except for the purpose of legitimate employment between August 29 and November 30, 2014 on Fridays, Saturdays and Sundays when he can be at either […], Montreal or 1960, Chemin Covey Hill, Franklin Center, Quebec from midnight to 6:00 am except for the purpose of legitimate employment . [ 5 ] CONFIRMS the other conditions as ordered: [ 6 ] ORDERS that these undertakings be given before a justice of the peace assigned to such matters within 72 hours of this judgment.
NICHOLAS KASIRER, J.A.
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