2016 QCCA 1096, 2016 QCCA 1096

Ramakrishnan c. United States of America (Canada (Attorney General)) 2016 QCCA 1096 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005672-140 (500-36-006454-121) MINUTES OF THE HEARING DATE: June 22, 2016 THE HONOURABLE MARIE-FRANCE BICH , J.A. PETITIONER ATTORNEY VIJAYA KUMAR RAMAKRISHNAN Mtre Nathalie Provost, stagiaire (Monterosso Giroux Avocats) RESPONDENT ATTORNEY UNITED STATES OF AMERICA, represented by the Attorney General of Canada Mtre Joshua Wilner ( Ministère de la Justice Canada ) DESCRIPTION: Amended motion for modification of bail conditions (s. 20

b) of the Extradition Act , s. 679(1) and 515

c) of the Criminal Code and s. 53 of the Rules of the Court of Appeal in Criminal Matters ) Clerk: Shirley Thomas Courtroom: Antonio-Lamer

HEARING 9:47 Commencement of the hearing. Identification of counsel. 9:47 Exchange between the judge and Mtre Provost. 9:48 Recess. 11:22 Resumption of the hearing. 11:23 Exchange between the judge and Mtre Provost. 11:25 Representations by Mtre Provost. 11:26 Exchange between the judge and Mtre Wilner. 11:27 Representations by Mtre Wilner. 11:28 Recess. 11:46 Resumption of the hearing. 11:46 By the judge: Judgment – see page 3. 11:50 Conclusion of the hearing.

SHIRLEY THOMAS Clerk BY THE JUDGE JUDGMENT [ 1 ] On June 18, 2014, the petitioner was released pending the judicial review of the Minister's decision under the Extradition Act , subject to various conditions, the whole pursuant to s. 20 of said act and s. 679 Cr.C . (see: Ramakrishnan v. United States of America , 2014 QCCA 1277 ). Said conditions were varied on July 16, 2014 ( Ramakrishnan v. United States of America , 2014 QCCA 1386 ), then on July 29, 2015 ( Ramakrishnan v.

United States of America , 2015 QCCA 1278 ) and, finally, on September 15, 2015, in this case by my colleague Yves-Marie Morissette. [ 2 ] On June 17, 2016, the petitioner filed a motion seeking the authorization to change address in order to reside at […]., Montreal, Quebec. An affidavit signed by the petitioner himself supported this motion. On June 20, 2016, the petitioner filed an amended motion (supported by another affidavit), stating that he now seeks to be authorized to reside at the following address: […], Dorval, QC, […], as of June 24, 2016.

According to counsel, this change of mind is explained by a marital dispute that, for a while, left her client uncertain of his future whereabouts. [ 3 ] Considering the nature of the modification suggested by the petitioner and considering the respondent's consent thereto, the motion shall be granted. FOR THE FOREGOING REASONS, THE UNDERSIGNED: [ 4 ] GRANTS the motion; [ 5 ] AUTHORIZES the petitioner to reside at […], Dorval, QC, […], as of June 24, 2016; [ 6 ] VARIES the release conditions imposed by Justice Morissette in his September 15, 2015 judgment accordingly, such conditions now reading as follows: 1.

Maintain the deposit of $5,000 already made at the Office of the Superior Court; 2. Maintain the recognizance of $10,000 without deposit by the third party Mampulu RAMAKRISHNAN; 3. Keep the peace and be of good behaviour; 4. Leave his passport with the Office of the Superior Court and abstain from applying for a new one; 5. Not leave the Province of Quebec; 6. Reside at […], Dorval, QC, […], as of June 24, 2016, and not change address without prior authorization of the Court;

7. Be at this address between 1 a.m. and 6 a.m. except for the purpose of legitimate employment; 8. Report to the RCMP once a week at 4225 Dorchester, Westmount, to sign the register every Friday starting on June 24, 2016; 9.

Not communicate with Richard Allen GOODHEART, April Frances MUIR, Kenneth GOUCHER, Alberino MAGI, George CHRYSSANTHOPOULOS, Paul IFEJEH, Walter WUELFRATH, Arlene GRUNDY, Van Wade BEDFORD, Jeffrey Morris JACOBSON, Kevin Spencer POWER, John POWER, Mark DASH, Adrien STEPHENSON, Jeremiah MOSHER, Tania Tchobanova IVANOVA and John Felix ALEXANDER except in the presence of their attorneys and for the preparation of this case; 10. Abstain from making any transactions at a MoneyGram or Western Union or any other money transfer company; 11. Abstain from directly or indirectly working in telemarketing in any capacity; 12.

Surrender into the custody of the Rivière-des-Prairies Detention Center the day before his hearing for judicial review before the Quebec Court of Appeal. [ 7 ] ORDERS that all undertakings and conditions under this order be entered into a recognizance before a justice of the peace assigned to these matters. marie-france bich , J.A.