2015 QCCA 2167, 2015 QCCA 2167

March c. United States of America (Canada (Attorney General)) 2015 QCCA 2167 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005929-151, 500-10-005218-126, 500-10-005217-128 (500-36-005976-116, 500-36-006933-132) MINUTES OF THE HEARING DATE: October 28, 2015 THE HONOURABLE GENEVIÈVE MARCOTTE, J.A. PETITIONER ATTORNEY ALEXANDER MARCH SIMA MARCH Mtre CLÉMENTE MONTEROSSO ( Clément Monterosso Avocat) RESPONDENT ATTORNEY THE UNITED STATES OF AMERICA REPRESENTED BY THE ATTORNEY GENERAL OF CANADA Me SAROM BAHK (Department of Justice Canada) DESCRIPTION: Motion For Modification of Conditions of Interim Release Clerk: Mihary Andrianaivo Courtroom: RC-18

HEARING 9: 30 Continuation of the 27 th October 2015 hearing. 9: 39 Beginning of the hearing. 9: 40 Submissions by Mtre Monterosso. 9: 42 Judge’s comments. 9: 47 Discussion betweens the Judge and the parties. 9: 49 Judge’s ruling: See page 3. 9: 54 End of the hearing.

Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] Seeing the Applicants’ Motions for Modification of Conditions of interim release; [ 2 ] Considering that a judgment was rendered on September 25, 2015 by St-Pierre, J.A. on Motions seeking an identical modification to the conditions, being with respect to the surrendering into custody of the Applicants 24 hours prior to the day the Supreme Court of Canada renders its decision on the application for leave to appeal of the Court of Appeal judgment rendered on October 28, 2014. [ 3 ] Considering that the Applicants were asking that this condition be modified so as to replace it with a conclusion whereby the Applicants would surrender into custody 24 hours prior to the hearing of the judicial review that was initiated in the Court of appeal following the Minister’s decision of June 12, 2015, under the matter 500-10-005929-151. [ 4 ] Considering that no Motion for modification of interim release has yet been filed in this matter pertaining to a second judicial review. [ 5 ] Considering that, on Monday, October 26, 2015, the Supreme Court of Canada advised that it would be rendering its decision on the application for leave this Thursday, October 28, 2015; [ 6 ] Considering that, when the original request for modification of conditions of interim release was presented on September 25, 2015, the date of the rendering of the Supreme Court of Canada decision was unknown, whereas now, it is. [ 7 ] Considering that, regardless of the decision of the Supreme Court of Canada on the application for leave to appeal, whether it is granted or not, the Applicants will be required to surrender, unless they present a new application for interim release, be it pending the appeal to the Supreme Court in matters 500-10-005217-128 or 500-10-005218-126 or pending the hearing on the second judicial review matter in the matter 500-10-005929-151, alike what they have done in the past and have always been successful in obtaining. [ 8 ] Considering that the Applicants have respected past conditions for interim release as ordered by a judge of this Court. [ 9 ] Considering that the Minister of Justice’s opposition to the modification of the condition regarding the surrender 24 hours prior to the Supreme Court of Canada decision is not meritorious, under the circumstances.

FOR THESE REASONS, THE UNDERSIGNED: [ 10 ] GRANTS in part the Motions for Modification of conditions of interim release; [ 11 ] MODIFIES the order for release as modified on January 15, 2015 in 500-10-005217-128 regarding Sima March for the sole purpose of: STRIKING the condition: “Surrender into the custody of the Maison Tanguay detention center, 24 hours prior to the day the Supreme Court of Canada renders its decision on her application for leave to appeal of the Court of appeal judgment rendered on October 28, 2014;

[ 12 ] MODIFIES the order for release as modified on January 15, 2015 in 500-10-005218-126 regarding Alexander March for the sole purpose of: STRIKING the condition: “Surrender into the custody of Rivière-des-Prairies detention center, 24 hours prior to the day the Supreme Court of Canada renders its decision on his application for leave to appeal of the Court of appeal judgment rendered on October 28, 2014; [ 13 ] ORDERS that the undertaking, as modified, be subscribed before a justice of the peace assigned for such purpose. GENEVIÈVE MARCOTTE, J.A.