2016 QCCA 2070, 2016 QCCA 2070
Opinion
M.M. c. Canada (Attorney General) (United States of America) 2016 QCCA 2070 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006232-167 (500-36-005664-100) MINUTES OF THE HEARING DATE: December 8, 2016 THE HONOURABLE NICHOLAS KASIRER , J.A. APPLICANT COUNSEL M. M. (a.k.a. Mi. Me.) Mtre MARIE-HÉLÈNE GIROUX (Monterosso Giroux Avocats) RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA Mtre CLAUDINE DIB (Ministère de la Justice Canada) DESCRIPTION: MOTION FOR VARIATION OF INTERIM RELEASE CONDITIONS (section 20 of the Extradition Act , section 679(1) C.cr. , and
article 53 of the Rules of the Court of Appeal of Quebec in Criminal Matters ) Clerk: Adam Scott Courtroom: RC-18
HEARING 9:31 Commencement of the hearing. Identification of counsel. 9:32 Exchange between the parties and the judge. 9:33 BY THE JUDGE: Judgment – see page 3. (
s) Adam Scott Clerk BY THE JUDGE JUDGMENT [ 1 ] Pursuant to section 679(1) Cr.C . , M. M. (a.k.a. Mi. Me.) has filed a motion to vary conditions pursuant to which she was granted interim release by a judge of this Court on August 17, 2016 (reported at 2016 QCCA 1332 ), the terms of which have already be varied on one occasion ( 2016 QCCA 1493 ). Specifically, she asks to vary paragraphs 3, 4, 5 and 6 of that order in the manner reproduced in the conclusions below. [ 2 ] The respondent does not contest the motion which is well-founded.
FOR THE AFOREMENTIONED REASONS, THE UNDERSIGNED: [ 3 ] GRANTS the motion; [ 4 ] ORDERS that the conditions of the petitioner’s interim release be varied by striking paragraphs 3, 4, 5 and 14 thereof and replacing them with the following: 3. Reside at [...], Lac-Mégantic, Qc, [...] , and not change address without the permission of the court; 4. Be at [...], Lac-Mégantic, Qc, [...] , 22 hours a day every day except for medical emergency involving her, one of her children or her mother D. N. and to sign the register pursuant to condition # 10; 5.
Notwithstanding condition #4, be at [...], Lac-Mégantic, Qc, [...] , between 8:00PM and 10:00AM every day except for medical emergency involving her, one of her children or her mother D. N.; 14. Keep a landline number registered at the address [...], Lac-Mégantic, Qc, [...] and be able to answer calls by law enforcement. That telephone number will be […]; [ 5 ] CONFIRMS all other conditions of interim release; [ 6 ] ORDERS that an undertaking of the conditions for interim release, as varied, be made before a justice of the peace assigned to such matters before the modified conditions take effect.
NICHOLAS KASIRER , J.A.
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