2018 QCCA 961, 2018 QCCA 961

M.M. c. Attorney General of Canada (United States of America) 2018 QCCA 961 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTRÉAL No: 500-10-006232-167 (500-36-005664-100) MINUTES OF THE HEARING DATE: June 11, 2018 THE HONOURABLE MARIE-FRANCE BICH , J.A. PETITIONER COUNSEL M. M. Mtre MARIE-HÉLÈNE GIROUX (Monterosso Giroux Lamoureux Avocats) RESPONDENT COUNSEL THE ATTORNEY GENERAL OF CANADA representing the UNITED STATES OF AMERICA Mtre SAROM BAHK (Department of Justice, Canada) DESCRIPTION: MOTION FOR VARIATION OF INTERIM RELEASE CONDITIONS Clerk: Elisabeth Lepage Courtroom: RC-18

HEARING 9:51 Commencement of the hearing. Identification of counsel. Exchange between the judge and Mtre Giroux. 9:53 Submission by Mtre Giroux. 9:58 Submission by Mtre Bahk. 10:05 Exchange between the judge and Mtre Giroux. 10:08 Recess. 10:33 Resumption. Comments by Mtre Giroux. 10:34 Comments by Mtre Bahk. 10:35 BY THE JUDGE: The motion is granted. See judgment page 3. 10:49 Conclusion of the hearing. (

s) Elisabeth Lepage Clerk BY THE JUDGE JUDGMENT [ 1 ] The petitioner made an application for the judicial review of the minister’s decision regarding her extradition. The Court heard the case on December 11, 2017 and the matter was taken under advisement. On the same day, the Court ordered that the petitioner be released on certain conditions.

The petitioner now asks for the variation of these conditions. [ 2 ] The respondent generally agrees to the modifications sought, except for the following ones: - that the petitioner be allowed to attend the 2018 National Conference of Women’s Shelters Canada, to be held in Ottawa from June 13 to June 15, 2018 (while she would reside in Gatineau, at the Four Points By Sheraton Hotel); - that the petitioner be authorized to surrender, as the case may be, at the RCMP bureau located at 4225 Dorchester Street, Westmount, instead of the Établissement de détention Leclerc, as ordered by the Court in its December 11, 2017 judgment. [ 3 ] In view of counsel’s explanations, considering that the petitioner is unlikely to abscond and considering the supervisory measures in place, the motion will be granted, in part ( i.e. except as to the place where the petitioner will surrender if her application for judicial review is dismissed by the Court).

FOR THE ABOVEMENTIONED REASONS, THE UNDERSIGNED: GRANTS the petitioner’s motion, in part; VARIES the release order set out in the judgment of December 11, 2017, with regards to conditions 3, 4, 5, 6, and 10, with the addition of condition 7A, which release order shall now read as follows: 1. Maintain the existing deposit of 5,000$ by D. N. in file 500-36-005664-100; 2. Keep the peace and be of good behaviour; 3. Reside at […], in Lac Mégantic, Qc […] , and not change address without the prior authorization of the Court or one of its judges;

4. Subject to the following conditions, be at [...], in Lac Mégantic, Qc [...], 19.5 hours a day, every day, except for medical emergencies involving her, one of her children or her mother D. N. and to sign the register pursuant to condition #10; 5. Notwithstanding condition #4, be at [...], in Lac Mégantic, Qc [...] between 8pm and 7:30am every day except for medical emergencies involving her, one of her children or her mother D. N., and except to drive her daughter to school , and also:

a) Except on Tuesdays and Thursdays between 10am and 8pm to bring her mother, D. N., to the Research Centre on Aging affiliated with the Centre Hospitalier Universitaire de Sherbrooke, or to visit her daughter X in Levis, Quebec, or, as of July 1, 2018, in Sherbrooke, Quebec ;

b) She must have a copy of the conditions at all times when she is not in her residence; 6. Keep a landline number registered at the address, in Lac Mégantic and be able to answer calls by law enforcement. That telephone number will be (819) [...]; 7. Not leave the province of Quebec; 7A.

Notwithstanding conditions 3, 4, 5, 6 and 7, the petitioner is allowed to attend the 2018 National Conference of Women’s Shelters Canada, to be held in Ottawa (University of Ottawa and Shaw Centre) from June 13 to June 15, 2018 and to reside for that purpose in Gatineau, on June 13 and 14, at the Four Points By Sheraton Hotel, 35 Laurier St., Gatineau, Quebec J8X 4E9 ); 8. Abstain from the consumption of alcohol and illegal drugs; 9. Abstain from going to any bar, club or similar place, private or public in which alcohol and/or drugs are consumed or may be consumed including family parties; 10.

Continue reporting to the S.Q. office at 3025, Laval, Lac Mégantic, Qc three times a week, every Monday, Wednesday and Friday, and to sign the register, except that, on Wednesday, June 13, 2018 and Friday, June 15, 2018, the petitioner is authorized to report in person to the S.Q. office at 85, rue Jean-Proulx, Gatineau J8Z 1W2, and sign the register ; 11. Refrain from using, carrying or having in her possession any firearms or weapons of any sort except for knives for legitimate purposes; 12.

Surrender herself to the Établissement de Détention Leclerc, 400 Montée St-François within 24 hours of the issuance of the Quebec Court of Appeal judgment on her Motion in judicial review of the Minister’s decision of August 2, 2016; [ 4 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose, within the next 24 hours. MARIE-FRANCE BICH , J.A.