2018 QCCA 2244, 2018 QCCA 2244

M.M. c. Attorney General of Canada (United States of America) 2018 QCCA 2244 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTRÉAL No: 500-10-006232-167 (500-36-005664-100) MINUTES OF THE HEARING DATE: December 14, 2018 THE HONOURABLE martin vauclAir , J.A. PETITIONER COUNSEL M. M. (A.K.A. MI. ME.) Mtre TEDDY TABET (MGL avocats) RESPONDENT COUNSEL THE ATTORNEY GENERAL OF CANADA representing THE UNITED STATES OF AMERICA Mtre CONSTANTINA ANTONOPOULOS (Ministère de la Justice Canada) DESCRIPTION: Application for variation of conditions of judicial interim release. (S. 14.3 Extradition Act , 515.1 Cr.C. ) Clerk: Mihary Andrianaivo Courtroom: RC.18

HEARING 9:35 Start of the hearing. Identification of counsel. The application is not contested. 9:36 BY THE JUDGE: Judgment – See page 3. 9:37 End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] Seeing the application and after hearing the parties; FOR THE ABOVEMENTIONED REASONS, THE UNDERSIGNED: [ 2 ] GRANTS the application for variation of conditions; [ 3 ] VARIES the release order that now reads: 1. Maintain the existing deposit of 5,000$ by D. N. in file 500-36-005664-100; 2. Keep the peace and be of good behaviour; 3.

Reside at [...], in Lac Mégantic, QC [...], and not change address without the prior authorization of the Court or one of its judges; 4. Subject to the following conditions, be at [...], in Lac Mégantic, QC [...], 19.5 hours a day, every day, except for medical emergencies 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 [...], in Lac Mégantic, Qc [...] between 8pm and 7:30am every day except for medical emergencies involving her, one of her children or her mother D.

N., and except to drive her daughter to school, and also: a. Except on Tuesdays and Thursdays between 10am and 8pm to bring her mother, D. N., to the Research Centre on Aging affiliated with the Centre Hospitalier Universitaire de Sherbrooke, or to visit her daughter X in Sherbrooke, Quebec;

b. She must have a copy of the conditions at all times when she is not in her residence; 6. Keep a landline number registered at the address, in Lac Mégantic and be able to answer calls by law enforcement. That telephone number will be […]; 7. Not leave the province of Quebec; 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.

Continue reporting to the S.Q. office at 3025, Laval, Lac Mégantic, Qc once a week, every Wednesday , and to sign the register; 11. To report by phone to RCMP at the number 514-420-5701, every Monday and Friday until March 15, 2019 at which time she will resume reporting in person to the S.Q. office at 3025, Laval, Lac Mégantic, Qc three times a week on Monday, Wednesday and Friday; 12. Notwithstanding conditions 4, 5, 6, and 9 she is allowed to attend the memorial service for her uncle A.

N., held on Mont Saint- Hilaire with a supper at La Maison A, […], Mont-Saint-Hilaire, Québec, […], on December 22, 2018, and to be permitted to travel for this purpose to Mont St-Hilaire and reside at Motel St-Hilaire, at 161 Boulevard Sir-Wilfrid-Laurier, Mont Saint-Hilaire, Québec, J3H 3N4 from December 21, 2018 to December 23, 2018; 13. Refrain from using, carrying or having in her possession any firearms or weapons of any sort except for knives for legitimate purposes; 14.

Surrender herself to the Établissement de Détention Leclerc, 400 Montée St-François within 24 hours of the issuance of the Quebec Court of Appeal judgment on her Motion in judicial review of the Minister’s decision of August 2, 2016; [ 4 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose at the Lac-Megantic Court House. MARTIN VAUCLAIR , J.A.