2017 QCCA 16, 2017 QCCA 16

Magi c. Attorney General of Canada (United States of America) 2017 QCCA 16 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005705-148 (500-36-006450-129) MINUTES OF THE HEARING DATE: January 16, 2017 CORAM: THE HONOURABLE MANON SAVARD , J.A. MARTIN VAUCLAIR , J.A. CLAUDE BOUCHARD , J.A. (ad hoc) APPELLANT ALBERINO MAGI IN PERSON RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA, REPRESENTING THE UNITED STATES OF AMERICA Mtre JOSHUA WILNER (Ministère de la justice Canada) DESCRIPTION : Motion for variation of bail conditions. (Art. 20 of the Extradition Act, S.C. 1999, c. 18) Clerk: Marcelle Desmarais Courtroom: Antonio-Lamer

HEARING 9 :34 Submissions by Mtre Joshua Wilner 9 :35 Mr. Magi has no objections. Exchanges between the Court and Mtre Wilner. 9 :38 Suspension of the hearing. 9 :42 Resumption of the hearing. Unanimous judgment rendered by the Court – see page 3.

Marcelle Desmarais Clerk BY THE COURT JUDGMENT [ 1 ] The Appellant who is self-represented, is currently subject to bail conditions for his judicial interim release. [ 2 ] The recognizance reflecting the bail conditions signed by the Appellant, omits one condition imposed by Hilton J.A. on August 25, 2014 and is therefore incomplete. [ 3 ] The omitted condition required the Appellant to " Surrender into the custody of the Rivière-des-Prairies Detention Center no later than 4:00 pm on the day before the hearing of his appeal and/or application for judicial review ": 2014 QCCA 1569 . [ 4 ] Although the bail conditions were varied on two occasions ( 2014 QCCA 2031 and 2015 QCCA 1723 ), the omission was never corrected. [ 5 ] The Respondent suggests first to rectify the recognizance and second, to modify the said condition so that the Appellant may argue its appeal in person before the Court as scheduled on January 17 and 18, 2017. [ 6 ] The Appellant consents to the motion. [ 7 ] The Respondent’s motion is well founded.

There is no reason why the recognizance should not include all the conditions imposed by the Court in 2014. The suggestion to modify the omitted condition is also well founded. FOR THESE REASONS, THE COURT: [ 8 ] GRANTS in part the motion to rectify and modify the conditions of judicial interim release; [ 9 ] ORDERS the omitted condition to be added and modified as follow: To surrender into the custody of the Rivière-des-Prairies Detention Center within 24 hours of the Court’s judgment dismissing his appeal or his application for judicial review.

[ 10 ] MAINTAINS all other conditions; [ 11 ] ORDERS that this undertaking be signed before a justice of the peace designated to hear such matters. MANON SAVARD, J.A. MARTIN VAUCLAIR, J.A. CLAUDE BOUCHARD, J.A. (ad hoc)