2016 QCCA 2079, 2016 QCCA 2079

Buchan c. United States of America (Attorney General of Canada) 2016 QCCA 2079 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006321-168 (500-36-007655-155) MINUTES OF THE HEARING DATE: December 15, 2016 THE HONOURABLE MARIE-FRANCE BICH, J.A. APPLICANT COUNSEL KELEN BUCHAN Mtre ANDREW BARBACKI RESPONDENT COUNSEL UNITED STATES OF AMERICA, represented by the ATTORNEY GENERAL OF CANADA Mtre LAURENT BRISEBOIS (Minister of Justice of Canada) DESCRIPTION: Application for judicial interim release pending a decision of the Minister regarding surrender (

Section 679 C.cr . and

section 20(

b) of the Extradition Act , Rule 46 of the Rules of the Court of Appeal in Criminal Matters ) Clerk: Robert Osadchuck Elisabeth Lanctôt Courtroom: RC-18

HEARING 17 h 15 Commencement of the hearing. Identification of counsel. 17 h 15 Argumentation by Mtre Barbacki. 17 h 20 Mtre Brisebois doesn’t contest the motion. 17 h 22 Recess 17 h 29 Resumption of the hearing 17 h 32 By the judge: Judgment, see page 3. (

s) Elisabeth Lanctôt / Robert Osadchuck Clerk BY THE JUDGE JUDGMENT [ 1 ] Seeing the applicant’s motion for judicial release pending the Minister’s decision under

section 40 respecting his surrender (para. 20

b) of the Extradition Act ); [ 2 ] Seeing that the motion is not contested by the respondent and that the applicant has been on bail throughout the extradition process thus far; [ 3 ] Seeing that his application satisfies the requirements of s. 679 Cr.C . ; [ 4 ] Seeing that the release conditions jointly suggested by the parties are reasonable; THE UNDERSIGNED: [ 5 ] GRANTS the motion; [ 6 ] ORDERS the release of the applicant Kelen Buchan pending the Minister’s decision under

section 40 respecting his surrender, subject to the following conditions: 1° Maintain the deposit of $10,000 already made before the Office of the Superior Court; 2° Keep the peace and be of good behaviour and attend Court whenever required; 3° Leave his passport with the Office of the Superior Court and abstain from applying for a new one; 4° Not leave the Province of Nova Scotia, except to attend court hearing relating to his extradition proceedings; 5° Reside with his parents at [...], Westphal, Nova Scotia, and not change address without prior authorization of this Court or one of its judges; 6° Provide a landline telephone number registered to [...], Westphal, Nova Scotia, and answer any calls made by law enforcement during his curfew.

This number will be [...]; 7° Be at this address at all times between 11:00 p.m. and 6:00 a.m., except for legitimate employment or medical emergencies or to attend court hearings relating to his extradition proceedings;

8° Travel to Montreal from Nova Scotia to attend scheduled court hearings relating to his extradition proceedings within the 36 hours preceding each hearing, and return to Nova Scotia within the 36 hours following each hearing; 9° While in Montreal to attend hearings relating to his extradition proceedings, reside with his aunt, Charmaine Cain, at [...], Pierrefonds, Quebec, and not change address without prior authorization of this Court or one of its judges; 10° While in Montreal to attend hearings relating to his extradition proceedings, be at this address at all times between 11:00 p.m. and 6:00 a.m., except for medical emergencies; 11° Provide a landline telephone number registered to his aunt’s address, [...], Pierrefonds, Quebec, and answer any calls made by law enforcement during his curfew.

This number will be [...]; 12° Not communicate directly or indirectly with Clifford Kirstein, Peter Lacino, Mark El Bernachawy or Aqiyl (a.k.a.

Agiyl) Kamaldin, except in the presence of their attorneys and for the preparation of this case; 13° Not communicate with any of the victims mentioned in the Record of the Case; 14° Abstain from making any transactions at MoneyGram or Western Union or any other money transfer company; 15° Abstain from directly or indirectly working in telemarketing in any capacity; 16 Report to the RCMP once a week at 44 Simmonds Road, North Preston, Nova Scotia, B2Z 1A3, to sign the register every Monday, starting December 19, 2016; whenever the Monday is a public holiday, the register must be signed instead on the next working day; 17° Surrender into the custody of the Rivière-des-Prairies Detention Center locate at 11900 Armand-Chaput Ave., Montreal, no later than within 24 hours of the decision of the Minister ordering his surrender to the United States. [ 7 ] ORDERS that these undertakings be subscribed before a justice of the peace assigned to such matters before the applicant is released.

Marie-France Bich , J.A.