2015 QCCA 99, 2015 QCCA 99

March c. Canada (Minister of Justice) (United States of America) 2015 QCCA 99 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005217-128, 500-10-005218-126 ( 500-36-005976-116 ) MINUTES OF THE HEARING DATE: January 15, 2015 THE HONOURABLE MADAM JUSTICE MANON SAVARD N o : 500-10-005217-128 APPLICANT ATTORNEY SIMA MARCH Mtre CORNELIA HERTA ZVEZDIN ( Grey & Casgrain s.e.n.

c) RESPONDENT ATTORNEY MINISTER OF JUSTICE CANADA on behalf of THE UNITED STATES OF AMERICA Mtre SAROM BAHK ( Public Prosecution Service of Canada Attorney ) N o : 500-10-005218-126 APPLICANT ATTORNEY ALEXANDER MARCH Mtre CORNELIA HERTA ZVEZDIN ( Grey & Casgrain s.e.n.

c) RESPONDENT ATTORNEY

MINISTER OF JUSTICE CANADA on behalf of THE UNITED STATES OF AMERICA Mtre SAROM BAHK ( Public Prosecution Service of Canada Attorney ) NATURE OF THE APPEAL : Motion for modification of conditions (Section 20b) of the Extradition A ct &

Section 670 of the Criminal Code ) Clerk: Asma Berrak Courtroom: RC.18 HEARING 9:40 Commencement of the hearing. Identification of parties. Discussion between the Judge and the parties about the conditions. 9:48 Judgment-see page 3. Conclusion of the hearing.

Clerk BY THE JUDGE JUDGMENT [ 1 ] Seeing Applicants’ Motion for Modification of Conditions; [ 2 ] Considering the consent of Respondent; [ 3 ] Seeing also the necessity to modify the conditions imposed on October 30, 2014 on Applicant Sima March because she does not possess a Canadian passport; [ 4 ] Seeing also the necessity to modify the conditions imposed on October 30, 2014 on Applicant Alexander March because he does not possess an Israeli passport;

FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] GRANTS the Motion for Modification of Conditions; [ 6 ] MODIFIES the order for release dated October 30, 2014 regarding SIMA MARCH for the sole purpose of: ➢ STRIKING the following condition : « Surrender into the custody of the Maison Tanguay detention center, 24 hours prior to the hearing of the Judicial review of the Minister’s decision by the Appeal Court » and REPLACING it by the following condition : - Surrender into the custody of the Maison Tanguay detention center, 24 hours prior to the day the Supreme Court of Canada renders its decision on her application for leave to appeal of the Court of Appeal judgment rendered on October 28, 2014; ➢ STRIKING the following condition: « LEAVE her Canadian passport with the authorities, who already have it in their possession » and REPLACING it by the following condition : - Leave her United States passport, if any. with the authorities; [ 7 ] MODIFIES the order for release dated October 30, 2014 regarding ALEXANDER MARCH for the sole purpose of: ➢ STRICKING the following condition : « Surrender into the custody of Rivière-des-Prairies detention center, 24 hours prior to the hearing of the Judicial review of the Minister’s decision by the Appeal Court » and REPLACING it by the following condition : - Surrender into the custody of Rivière-des-Prairies detention center, 24 hours prior to the day the Supreme Court of Canada renders its decision on his application for leave to appeal of the Court of Appeal judgment rendered on October 28, 2014; ➢ STRICKING the following condition: « LEAVE his Israeli passport with Immigration Canada, who already have it in its possession » and REPLACING it by the following condition : - Leave his United States passport, if any, with the authorities; [ 8 ] ORDERS that the undertaking, as modified, be subscribed before a justice of the peace assigned for such purpose.

MANON SAVARD, J.A