2016 QCCA 2101, 2016 QCCA 2101

Forget c. Canada (Attorney General) (United States of America) 2016 QCCA 2101 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006207-169 (500-36-007873-154) MINUTES OF THE HEARING DATE: December 21, 2016 THE HONOURABLE NICOLE DUVAL HESLER, C.J.Q.

PETITIONER COUNSEL MATHIEU FORGET Mtre CLEMENTE MONTEROSSO (Monterosso Giroux Avocats) RESPONDENT COUNSEL THE ATTORNEY GENERAL OF CANADA on behalf of THE UNITED STATES OF AMERICA Mtre Laurent Brisebois (Ministère de la Justice Canada) DESCRIPTION: Motion to the Chief justice for leave to review a detention order made by a judge of the Court of Appeal (s. 680(1) of the Criminal Code ) Clerk: Mtre Bertrand Gervais Courtroom: 2.22

HEARING 11:54 Commencement of the hearing. The motion is contested. 11:55 Representations by Mtre Monterosso 12:03 Representations by Mtre Brisebois 12:16 By the judge: Judgment – see page 3 12:20 Conclusion of the hearing. (

s) Mtre Bertrand Gervais Clerk BY THE JUDGE JUDGMENT [ 1 ] I am of the view that I do not have jurisdiction to grant the motion before me under section 680(1) of the Criminal Code , both because this is a matter of extradition and because the crimes of which petitioner is accused in the United States of America are not the equivalent of crimes over which the Superior Court has exclusive jurisdiction in Canada.

Article 680 of the Criminal Code is quite simply inapplicable. This is sufficient ground to dismiss the motion and I do not pronounce on any other issue raised by the parties. THEREFORE, THE UNDERSIGNED: [ 2 ] DISMISSES the motion. NICOLE DUVAL HESLER , C.J.Q.