2022 QCCA 1696, 2022 QCCA 1696

Ebigbo c. Attorney General of Canada 2022 QCCA 1696 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10- 007924-226 ( 500-36-010220-229 ) MINUTES OF HEARING DATE: December 13, 2022 THE HONOURABLE GENEVIÈVE MARCOTTE, J.A.

PETITIONER COUNSEL UchenNa Melvin Ebigbo Mtre ALEXANDRA BOULANGER, for Mtre PIERRE POUPART ( Les avocats Poupart, Touma ) By videoconference RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA , on behalf of the United states of america Mtre LAURENT BRISEBOIS ( Department of Justice - Canada ) By videoconference IMPLEADED PARTY COUNSEL United States of America Mtre LAURENT BRISEBOIS ( Department of Justice - Canada ) By videoconference DESCRIPTION: Motion for interim release (Section 20b) of the Extradition Act , section 679(1) of the Criminal Code and

section 47 of the Rules of Practice in Criminal Matters in the Court of Appeal of Quebec ). Clerk at the hearing : Anne Dumont Courtroom: RC-18 HEARING

14:33 Commencement of the hearing. Preliminary remark by the judge. Discussion between the judge and Mtre Brisebois regarding the suggested release conditions. 14:35 Discussion between the judge and Mtre Brisebois regarding the release condition #12. 14:39 Discussion between the judge and Mtre Boulanger. Comment by Mtre Brisebois. 14:41 Discussion between the judge and Mtre Boulanger. 14:42 BY THE JUDGE: Judgment – see page 3. Discussion between the judge and Mtre Boulanger. 14:45 Conclusion of the hearing. Anne Dumont, Clerk at the hearing JUDGMENT [ 1 ] I am tasked with the adjudication of a motion for interim release pursuant to

article 20

b) of the Extradiction Act [the Act ]. [ 2 ] On June 1 st , 2022, the applicant was conditionally released further to his arrest and a request to extradite on the part of the United States of America.

On June 22, 2022, the Minister of Justice of Canada issued an Authority to proceed authorizing the Attorney General of Canada to apply for a committal order against the applicant. [ 3 ] Earlier today, the Superior Court ordered the committal into custody of the applicant to await extradition to the United States of America for the offence of sexual interference contrary to s. 151 of the Criminal Code [ Cr.C . ]. [ 4 ] The applicant seeks an interim release pending the ministerial decision on his extradition for which he intends to submit observations under

section 43 of the Act . [ 5 ] The respondent does not contest the motion and consents to the abridgment of delays for its presentation. I am satisfied that the conditions of s. 679 Cr.C . , which applies with the modifications that the circumstances require pursuant to

article 20

b) of the Act , are met and that the applicant’s detention is not required in the public interest. The grounds raised by the applicant, as outlined by his attorney at the hearing, are not futile. Moreover, the applicant has always respected his release conditions since the release order of June 1 st , 2022 and he undertakes to comply with the jointly proposed release conditions. Also, with these conditions in place, the respondent is satisfied that the applicant will surrender to the prison authorities.

FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] ABRIDGES the delays for the presentation of the motion; [ 7 ] GRANTS the motion for interim release; [ 8 ] ORDERS the applicant’s interim release pending the Minister’s decision on his extradition on the following conditions: 1) Maintain the deposit of $2000,00 already deposited by the surety, Mrs.

Nangula Pauline Taapopi; 2) Reside at [...], St-Hubert, [...] (Québec) and not change address without authorization of the Court; Be at this address 24 hours a day, in accordance with his conditions for interim release in his Ontario case, except for legitimate work or medical emergency or except when in the presence of the surety, Mrs.

Nangula Pauline Taapopi; 3) Abstain from leaving the province of Quebec, except in the following situations: • To travel to Ontario to consult his attorney; • To attend court in connection with his criminal case pending in that jurisdiction (Cornwall area); • To travel to Ottawa to visit his family and friends in the presence of his surety Mrs. Nangula Pauline Taapopi from December 16 th to 17 th and December 27 th to 29 th , 2022, under the following conditions:

o During those stays, he cannot be alone:

i) with a person under 18 years old, except his own children, and; ii) in a location typically frequented by persons under 18 years old, such as parks, school yards, arenas, public pools and other similar locations. o Provide the address of his stays: ▪ Address of family and friends in Ottawa: i) [...], ON, Ottawa, [...]. ▪ Address of the hotels:

i) From December 16 th to 17 th , 2022: [Hotel A], [...], Ottawa, ON, [...]; ii) From December 27 th to 29 th , 2022: [Hotel B], [...], Ottawa, ON, [...]. o Report to the RCMP on Dorchester Street, in Montreal, and sign the register on December 14, 22 and 30, 2022, to then resume the usual signing

schedule as of Thursday, January 5, 2023. 4) Keep the peace, be of good behavior and appear in court whenever required; 5) Abstain from applying for a passport of other travel document; 6) Abstain from being at an airport or seaport; 7) Not communicate of attempt to communicate in any way with the victim mentioned in the provisional arrest request of the United States and, when applicable, in the record of the case; 8) Report to the RCMP station located at 4225 Dorchester, Westmount, between 9:00 am and 4:00 pm and sign the register once a week on Thursdays beginning on January 5, 2023; 9) Have at all times in his possession and on his person a copy of these conditions; 10) Wear a GPS compliance monitoring bracelet from “Recovery science”.

Pay any and all fees relating to the installation and monitoring service for the mentioned bracelet; 11) If at any time he is unable to pay these fees, surrender himself immediately to the nearest police station; 12) Surrender into custody at Rivière-des-Prairies Detention Center, at 11900 Armand-Chaput Ave., Montreal, within 24 hours of being notified, or his counsel being notified, that the Minister of Justice is prepared to release his decision with respect to surrender. [ 9 ] ORDERS that the applicant subscribe to the above conditions before a Justice of the peace prior to his release.

GENEVIÈVE MARCOTTE, J.A.