2019 QCCA 723, 2019 QCCA 723

Vettese c. Attorney General of Canada (United States of America) 2019 QCCA 723 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007053-190 (500-36-008222-161) MINUTES OF THE HEARING DATE : April 18, 2019 THE HONOURABLE MANON SAVARD , J.A. PETITIONER COUNSEL ENZO VETTESE Mtre GAÉTAN BOURASSA RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA, on behalf of the United States of America Mtre MAGUY HACHEM ( Ministère de la Justice du Canada ) DESCRIPTION : Motion for release by way of judicial review ( art. 679 et 515

(10) Cr.C . , 57 (4) of the Extradition Act et art. 33 and ss. R.C.M.C.A.Q .) Clerk : Alya Elisio Courtroom : RC.18

HEARING 9 : 41 Commencement of the hearing. Identification of counsel. The motion is not contested. Exchanges between the judge and counsels. 9 : 47 BY THE JUDGE: Judgment- see page 3. End of hearing. (s)Alya Elisio Clerk BY THE JUDGE JUDGMENT [ 1 ] Enzo Vettese seeks his judicial interim release pending his motion for judicial review of the Minister’s decision to order his extradition. [ 2 ] The Attorney General of Canada does not oppose the application. [ 3 ] I am of the view that the criteria set out in

section 20 of the Extradition Act sub- section 679(3) of the Criminal Code are met and that Mr. Vettese should be released pending the judicial review of the Minister’s decision, subject to the following conditions. FOR THESE REASONS, THE UNDERSIGNED : [ 4 ] GRANTS the motion for judicial interim release; [ 5 ] ORDERS the release of Enzo Vettese, on the following conditions : 1. Maintain the recognizance of $10,000.00, without deposit by Léonardo Tartamella; 2. Maintain the deposit of $10,000.00, already made before the Office of the Superior Court; by the petitioner’s daughter, Mélanie Vettesse; 3.

Keep the peace and be of good behavior and be present as required by the Court; 4. Reside at […], Montreal, Quebec; 5. Be at his residential address between 10:00PM and 06:00 AM, except for work purposes and for medical emergencies; 6. Not change addresses without prior authorization of the Court; 7. Not leave the province of Quebec; 8. Inform the RCMP and the Court in advance and in writing of any change in his employment situation; 9. Provide a landline telephone number registered to this residential address and answer any calls made by law enforcement officials during his curfew.

This number will be: 438-385-1546;

10. Refrain from taking his Canadian passport from the Office of the Superior Court and abstain from applying for a new one; 11. Not apply to or attempt to obtain a passport or any other travel document from any country; 12. Not communicate or attempt to communicate in any way with Edgar Oswaldo Belapatino Savaresse, except in the presence of their attorneys and for the preparation of the case; 13. Not communicate or attempt to communicate in any way with people who, to his knowledge, have a criminal record or cases pending; 14.

Report in person to the RCMP, located at 4225 Dorchester, Westmount, between 9:00AM and 4:00 PM and sign the register three times a week on Monday, Wednesday and Friday, beginning on April 19, 2019; 15. The applicant shall have at all times in his possession and on his person a copy of the conditions; 16.

Surrender himself into the custody of Rivière-des-Prairies detention centre (located at 11900 Armand Chaput Ave Montreal) on July 15, 2019, if the application for judicial review has not been perfected by the Applicant by this date (Applicant’s factum not submitted to the Court), or if the judicial review has been perfected, (Applicant’s factum submitted to the Court) by July 15, 2019, surrender himself by 4pm on the day before the hearing for the application for judicial review on pain of dismissal.

The applicant acknowledges having been informed that his failure to do so may result in his application for judicial review being dismissed without a hearing. [ 6 ] ORDERS that an undertaking of these conditions be given before a justice of the peace assigned for such matters, before Enzo Vettese is released. MANON SAVARD , J.C.A.