2015 QCCA 421, 2015 QCCA 421

Igwe c. Canada (Attorney General) 2015 QCCA 421 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005772-148 500-10-005605-140 (500-36-007009-130) MINUTES OF THE HEARING DATE: March 5, 2015 THE HONOURABLE MARK SCHRAGER , J.A. PETITIONER ATTORNEY CHIMA SAMPSON IGWE MTRE VERONIQUE COURTECUISSE Véronique Courtecuisse, Avocate RESPONDENT ATTORNEY THE ATTORNEY GENERAL OF CANADA Mtre MAGUY HACHEM (Public Prosecution Service of Canada Attorney) DESCRIPTION: Application for variation of the undertaking ( Art. 679 Criminal Code ) Clerk: Asma Berrak Courtroom: RC-18

HEARING 9:30 Commencement of the hearing. Identification of counsel. Discussion between the judge and the parties. 9:33 Judgment-see page 3. 9:36 Conclusion of hearing.

Asma Berrak Clerk BY THE JUDGE JUDGMENT [ 1 ] Seeing the application for variation of the undertaking and the supporting affidavit; [ 2 ] Seeing that the application is not contested; FOR THESE REASONS, THE UNDERSIGNED : [ 3 ] GRANTS the application according to its conclusions; [ 4 ] VARIES the conditions of release by replacing them with the following conditions: • Maintain the existing deposit of $10,000 by Nathalie Brathwaite; • Keep the peace and be of good behaviour and report to the Court of first instance whenever required; • Reside at […], Lasalle, Québec, […] ; • Be at the address indicated in the preceding paragraph between midnight and 6 am except for the purpose of legitimate employment; • Abstain from changing address unless obtaining an authorization from Court; • Abstain from applying for a passport or any travel documents; • Abstain from leaving the Province of Québec; • Report to the RCMP twice a week at 4225, Dorchester, ville de Westmount, Québec, to sign the register every Monday and Thursday, starting on March 5th, 2015; • Not communicate with Kenneth Ifena Duru or Ifeanyi Chigozi Nwankwo except in the presence of the attorneys and for the preparation of this case; • Abstain from making directly or indirectly any transaction at a Money Gram or Western Union or any other money transfer company; • Abstain from directly or indirectly working in telemarketing in any capacity; • Surrender into the custody of the Rivière-des-Prairies Detention Center no later than 4 pm on the day before the hearing of his appeal or application for judicial review.

The petitioner acknowledges having been informed that his failure to do so may result in his application being dismissed without a hearing. [ 5 ] ORDERS applicant to sign as an undertaking a duplicate of these conditions forthwith.

MARK SCHRAGER , J.A.