2017 QCCA 1601, 2017 QCCA 1601

Kirstein c. Attorney General of Canada (United States of America) 2017 QCCA 1601 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006319-162 (500-36-007612-156) MINUTES OF THE HEARING DATE: October 18, 2017 THE HONOURABLE FRANÇOIS DOYON, J.A. APPELLANT COUNSEL CLIFFORD KIRSTEIN Mtre KIM HOGAN (Labelle, Côté, Tabah et Associé

s) RESPONDENT COUNSEL THE ATTORNEY GENERAL OF CANADA representing THE UNITED-STATES OF AMERICA Mtre LAURENT BRISEBOIS (Ministère de la Justice Canada) DESCRIPTION: Application of the Respondent to amend the release conditions. (Section 20 of the Extradition Act and 679, 770 and 771 of the Criminal Code ) Clerk: Mihary Andrianaivo Courtroom: RC.18

HEARING 10:04 Commencement of the hearing. The Application is not contested. 10:05 Exchanges between the Judge and the parties. 10:09 BY THE JUDGE: Judgment – See page 3. 10:10 The certificate of default duly signed by the Judge is attached to the current judgment and the whole will be sent to the Registry of the Quebec Court of Montreal for the sake of the proceedings. 10:16 End of the hearing.

Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] The Appellant rightfully agrees that the application should be granted; THEREFORE THE UNDERSIGNED: [ 2 ] GRANTS the application; [ 3 ] ORDERS that Clifford Kirstein’s release conditions be modified as following: 1. Maintain the deposit of $10 000 which has already been made in the Office of the Superior Court; 1b. Make a new deposit of $2 500 in addition to the deposit of $10 000 which has already been made in the Office of the Superior Court; 2. Keep the peace, be of good behavior and attend the Court whenever required; 3.

Leave his passport with the Office of the Superior Court and abstain from applying for a new one; 4. Not leave the Province of Quebec; 5. Reside at [...], Dollard-des-Ormeaux, and not change address without prior authorization of this Court or one of its judges; 6. Be at this address at all times between 21:00 p.m. and 6:00 a.m., except for legitimate employment or education purposes, or medical emergencies; 7. Provide a landline telephone number registered to the residence at [...], Dollard-des-Ormeaux, and answer any calls made by law enforcement during his curfew. This number is the following: (514) […]; 8.

Not communicate directly or indirectly with Peter Lacino, Mark El Bernachawy, Agiyl Kamaldin, or Kelen Magael Buchan, except in the presence of their attorneys and for the preparation of this case; 9. Not communicate with any of the victims mentioned in the Record of the Case; 10. Abstain from making any transactions at MoneyGram or Western Union or any other money transfer company; 11. Abstain from directly or indirectly work in telemarketing in any capacity; 12.

Report to the RCMP once a week at 4225 Dorchester, Westmount, starting October 23, 2017, and sign the register every Monday thereafter between 7:30 a.m. and 4:00 p.m. Should a Monday coincides with a statutory holiday, report and sign the register on the next working day;

13. Surrender into the custody of the Rivière-des-Prairies Detention Center located at 11900 Armand Chaput Ave., Montreal, no later than 4:00 p.m. on the day prior to the hearing of the appeal and/or the application for judicial review of the Minister’s decision. The applicant acknowledges having been informed that his failure to do so may result in his appeal and/or application being dismissed without a hearing. [ 4 ] ORDERS that these undertakings be subscribed before a justice of the peace assigned to such matters no later than October 20, 2017 at 4:30 p.m. françois doyon , J.A.