2016 QCCA 234, 2016 QCCA 234
Opinion
Mulkey c. Canada (Attorney General) (United States of America) 2016 QCCA 234 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006055-154 MINUTES OF THE HEARING DATE: January 27, 2016 THE HONOURABLE YVES-MARIE MORISSETTE , J.A. PETITIONER ATTORNEY MICHELE MULKEY MESSINA Mtre MARIE-HÉLÈNE GIROUX (Monterosso Giroux Avocats) RESPONDENT ATTORNEY MINISTER OF JUSTICE CANADA ON BEHALF OF THE UNITED STATES OF AMERICA Mtre GINETTE GOBEIL (Department of Justice Canada) DESCRIPTION: MOTION FOR VARIATION OF INTERIM RELEASE CONDITIONS Clerk: Shirley Thomas Courtroom: RC-18
HEARING 9: 29 Commencement of the hearing. Identification of counsel. The motion is not contested. Exchanges between the Judge and the attorneys. 9: 29 By the Judge: Judgment – see page 3. 9: 29 Conclusion of the hearing.
SHIRLEY THOMAS Clerk BY THE JUDGE JUDGMENT [ 1 ] The motion is well-founded and is not contested by the respondent. [1] THEREFORE, THE UNDERSIGNED: [ 2 ] GRANTS the petitioner's motion; [ 3 ] ORDERS the petitioner's release from custody on the following conditions: - To keep the peace, to be of good conduct and to be present in Court whenever required; - Reside at Hotel Travelodge Montreal Centre, located at 50 Boul. René Lévesque Ouest, Montréal (Québec), H2Z 1A2, from February 9, 2016 to February 12, 2016 and provide a room number; - Be at Hotel Travelodge Montreal Centre, located at 50 Boul.
René-Lévesque Ouest, Montréal (Québec) H2Z 1A2 from 8:00 PM to 6:00 AM, from February 9, 2016 to February 12, 2016; - Not to change her residential address and/or employment without having obtained the prior authorization of the Court or one of its judges; - To abstain from leaving Canada or the Province of Quebec or the District of Montréal without having obtained the prior authorization of the Court or one of its judges; - To deposit her passport or passports and not to apply for any other passport; - To abstain from possessing or carrying for any reason whatsoever offensive or restricted weapons, or an imitation thereof, including revolvers, starting guns, pellet guns, firearms, crossbows, prohibited weapons, restricted use weapons, prohibited devices, ammunition or explosive substances, knives (except in a restaurant and for a legitimate purpose); - To surrender immediately to a detention centre upon the Court's judgment being rendered dismissing the appeal or prior to the expiry of any delay determined by the Court or one of its judges; - Report to the RCMP Office at 4225 Boulevard Dorchester Ouest, Westmount, Qc, H3Z 1V5, upon arrival in Montreal on February 9, 2016 and before departure from Montréal, on February 12, 2016; - Upon check-in, advise Daniel Dubois, of RCMP Officer, of her room number at 514-420-5737 # 1303; [ 4 ] ORDERS that the present undertaking subscribed before a justice of the peace assigned for such purpose prior to the petitioner being released from custody.
YVES-MARIE MORISSETTE , J.A.
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