2015 QCCA 383, 2015 QCCA 383

M.M. c. USA (Canada (Attorney General)) 2015 QCCA 383 COURT OF APPEAL CANADA PROVINCE OF QUÉBEC REGISTRY OF MONTRÉAL No: 500-10-005343-130 (500-36-005664-100) MINUTES OF THE HEARING DATE: February 27, 2015 THE HONOURABLE MR. JUSTICE MARTIN VAUCLAIR J.A. APPLICANT COUNSEL M. M. (a.k.a M. M. M.) Mtre CORNELIA HERTA ZVEZDIN ( Grey & Casgrain s.e.n.c. ) RESPONDENT COUNSEL U.S.A. REPRENSENTED BY THE ATTORNEY GENERAL OF CANADA Mtre MAGUY HACHEM ( Ministère de la Justice Canada ) DESCRIPTION: Motion for release from prison (Section 20 of the Extradition Act and

Section 679 of Criminal Code ) Clerk: Asma Berrak Courtroom: RC.18

HEARING 9 :40 Commencement of the hearing. Identification of counsel. Discussion between the Judge and Mtre Hachem. 9:42 Suspension of hearing. Resumption of hearing. 9:54 Discussion between the Judge and the parties. Mtre Zvezdin asked the Judge to amend her motion to be read as follow: - at paragraph 2: The Applicant extradition hearing […]. - at paragraph 3: On August 10, 2011, the trial judge to be read: the extradition judge […]. The publication ban regarding the identity of witnesses including the victim and all personal information is continued. 9:56 Judgment-see page 3. 10 :01 Conclusion of the hearing.

Clerk JUDGMENT [ 1 ] CONSIDERING the motion for modification conditions; [ 2 ] CONSIDERING the Applicant’s request to travel to Ottawa wi th her children and mother between March 15 th and 17 th 2015 in order to be present at the hearing in front of the Supreme Court of Canada on March 17, 2015;

[ 3 ] CONSIDERING the Applicant was released under conditions and respected same during the entire extradition procedures; [ 4 ] CONSIDERING that the Respondent consents to the conclusions of the motion and proposes modified conditions; THEREFORE , the undersigned: [ 5 ] GRANTS the motion [ 6 ] ORDERS the Applicant to sign the modified conditions to read as follow : 1. Maintain the existing deposit of $5,000 by D. N. (done in file 500-10-005000-110); 2. Keep the peace and be good behaviour; 3.

Reside at [...], Town A, Québec, and not change address without the permission of the court except for March 15 th , 2015 and March 16 th , 2015 where she will be staying at the hotel Westin inn, located at 11 Colonel, Ottawa, Ontario, K1N 9H4; 4. Be at [...], Town A, Québec between 11 pm and 6 am every day except for medical emergency involving her, one of her children or her mother D. N. except for March 15 th , 2015 and March 16 th , 2015 where she will be staying at the hotel Westin inn, located at 11 Colonel, Ottawa, Ontario, K1N 9H4; 5.

Be at hotel Westin inn, located at 11 Colonel, Ottawa, Ontario, K1N 9H4 between 11 pm and 6 am on March 15 th , 2015 and March 16 th , 2015 except for medical emergency involving her or one of her children; 6. Provide a landline registered at the address [...], Town A, Québec and be available to answer calls by law enforcement after curfew.

That telephone number will be [...], except for March 15 th , 2015 and March 16 th , 2015 where she will be staying at the hotel Westin inn, located at 11 Colonel, Ottawa, Ontario, K1N 9H4 and available to answer calls by law enforcement after curfew at the following telephone number : 613-560-7000; 7. Not leave the province of Québec, except between March 15 th , 2015 and March 17 th , 2015 where she will be in the province of Ontario; 8. Abstain from the consumption of alcohol and illegal drugs; 9.

Abstain from going to any bar, club or similar place, private or public in which alcohol and/or drugs are consumed or may be consumed including family parties;. 10. Refrain from using, carrying or having in her possession any firearms or weapons of any sort; 11. Report to the S.Q. office at 3025, Laval, Lac Megantic, Québec once a week every Tuesday to sign the register starting on March 3 rd, 2015, except on March 17 th , 2015; 12. Report to the S.Q. office at 3025, Laval, Lac Megantic, Québec to sign the register on March 18 th , 2015; 13.

Constitute herself prisoner at Établissement de détention Maison Tanguay by 3 pm on the day that the Supreme Court of Canada announces that a decision on her appeal is scheduled to be released; 14. Refrain from making a passport application for herself or any of her minor children. [ 7 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose before the Applicant leaves the Province of Quebec; MARTIN VAUCLAIR, J.A.