2018 QCCA 634, 2018 QCCA 634

Delisle c. Attorney General of Canada (United States of America) 2018 QCCA 634 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006709-180 MINUTES OF THE HEARING DATE: April 20, 2018 THE HONOURABLE MARK SCHRAGER, J.A. PETITIONER COUNSEL MARK DELISLE Mtre DANIEL MICHAEL LIGHTER (Boro, Polnicky, Lighter) RESPONDENT COUNSEL THE ATTORNEY GENERAL OF CANADA on behalf of THE UNITED STATES OF AMERICA Mtre SHERRY RAFAI FAR (Ministère de la Justice Canada) representing Mtre Constantina Antonopoulos (Ministère de la Justice Canada) DESCRIPTION: Application for interim release. Clerk: Mihary Andrianaivo Courtroom: RC.18

HEARING 9:35 Commencement of the hearing. The application is not contested. 9:36 BY THE JUDGE: Judgment – See page 3. End of the hearing.

Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] Seeing the application for judicial interim release pending judicial review of the Minister’s decision to order surrender, the affidavit and the exhibits in support thereof; [ 2 ] Seeing the application for judicial review of the Minister’s decision to order surrender; [ 3 ] Considering that Applicant has been on interim release since the commencement of the extradition process in January 20, 2017; [ 4 ] Considering that Applicant has not violated the conditions of his release; [ 5 ] Considering s. 20 (1) of the Extradition Act [1] and s. 679 Cr.C. ; [ 6 ] Considering that the Attorney General of Canada does not contest the application, subject to the imposition of the same conditions of release as have been applied to Applicant heretofore; [ 7 ] Considering that Applicant satisfies the criteria for release of s. 679 Cr.C. : FOR THESE REASONS, THE UNDERSIGNED: [ 8 ] ABRIDGES the filing and service delays; [ 9 ] GRANTS the application; [ 10 ] ORDERS the judicial interim release of the Applicant pending the review of the Minister’s surrender order herein subject to the following conditions: 1 .

Maintain the recognizance in the amount of 20,000$ made by Jerry Peltier at the Office of the Superior Court; 2 . Keep the peace, be of good behaviour and appear in Court as required; 3 . Abstain from applying for a passport or any other travel document from any country; 4 . Not leave the province of Québec;

5 . Reside at […] in Kanesatake and not change address without prior authorization of the Court or one of its judges; 6 . Be at this address between 12am and 6am except for reasons of legitimate employment or a medical emergency; 7 . Maintain the landline (450) […] registered to […] in Kanesatake, and answer any calls made by law enforcement during the time of his curfew. 8 . Keep the cellular telephone number (514) […] and answer any calls made by law enforcement; 9 .

Inform the RCMP and this Court, in advance and in writing, of any change in his employment situation (currently operating his own company KM Construction, active in the field of industrial construction and renovation); 10 . Report in person to the RCMP every Tuesday at 2200 Reverchon Boulevard, suite 288, Dorval, Qc, between 8am and 4pm to sign the register beginning on April 24, 2018; 11 . Have at all times in his possession and on his person a copy of these conditions; 12 .

Surrender into the custody of the Rivière-des-Prairies detention centre located at 11900 Armand-Chaput Avenue, Montreal, on July 23, 2018 if the application for judicial review has not been perfected by that date (Applicant’s factum not submitted to the Court), or if the application for judicial review has been perfected (Applicant’s factum submitted to the Court) by July 23, 2018, to surrender into custody by 4pm on the day before the hearing of the application for judicial review on pain of dismissal. [ 11 ] ORDERS that these undertakings be subscribed before a justice of the peace assigned to such matters prior to the Applicant being released from custody.

MARK SCHRAGER , J.A.