2018 QCCA 2070, 2018 QCCA 2070
Opinion
Singh c. Attorney General of Canada (United States of America) 2018 QCCA 2070 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006743-189 (500-36-008575-170) MINUTES OF THE HEARING DATE: November 30, 2018 THE HONOURABLE STEPHEN W. HAMILTON , J.A. PETITIONER COUNSEL CHARAN SINGH Mtre Louis Nicholas Coupal-Schmidt (Coupal Chauvelot s.a.) 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 release pending the appeal on commital (Sect. 20(
a) of the Extradition Act ) Clerk: Lory Beauregard Courtroom: RC-18
HEARING 9:32 Commencement of the hearing. Identification of counsel. The application is not contested by the respondent. Recess of the hearing. 9:37 Resumption of the hearing. 9:38 Exchanges between the judge and counsel. 9:41 BY THE JUDGE : Judgment – see page 3. 9:42 Conclusion of the hearing. (
s) Lory Beauregard, clerk BY THE JUDGE JUDGMENT [ 1 ] The Petitioner seeks his release pending the determination of his appeal from an order of committal made under
section 29 of the Extradition Act . [ 2 ] The Respondent does not contest the application, and the conditions under
section 679 of the Criminal Code appear to be met. FOR THESE REASONS, THE UNDERSIGNED: [ 3 ] GRANTS the Petitioner's application for release pending the appeal on committal ; [ 4 ] ORDERS the Petitioner's release from custody on the following conditions: 1. Maintain cash deposit of 10,000$ and recognizance of 100,000$ without deposit by Satwant SIDHU at the Office of the Superior Court; 2. Keep the peace and be of good behavior; 3. Not leave the Province of Québec; 4. Reside at […], Ile Perrot, QC, […] and not change address without prior authorization of this Court; 5.
Be at this address between 11 p.m. and 6 a.m. except for legitimate work purposes or a medical emergency; 6. Leave his Canadian and Malaysian passports 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 Guy DELAND 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 9 a.m. and 4 p.m. to sign the register every Friday beginning on December 7, 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 514-[…] registered to […], Ile Perrot, 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 on April 1, 2019, if the appeal and/or application for judicial review have not been perfected by this date (Appellant’s and Applicant’s facta not submitted to the Court), or if the appeal and/or judicial review have been perfected, ( facta submitted to the Court) by April 1, 2019, surrender himself by 4 p.m. on the day before the hearing for the appeal and/or application for judicial review on pain of dismissal. [ 5 ] ORDERS that the present undertaking subscribed before a justice of the peace assigned for such purpose prior to the Petitioner being released from custody.
STEPHEN W. HAMILTON , J.A.
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