2016 QCCA 887, 2016 QCCA 887

M.M. c. Canada (Attorney General) (United States of America) 2016 QCCA 887 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006055-154 (500-36-005664-100) MINUTES OF THE HEARING DATE: May 13, 2016 THE HONOURABLE MARIE-FRANCE BICH , J.A. PETITIONER COUNSEL M. M. Mtre NATHALIE PROVOST, Stagiaire (Monterosso Giroux Avocats) RESPONDENT COUNSEL MINISTER OF JUSTICE OF CANADA Mtre GINETTE GOBEIL (Ministère de la Justice Canada) DESCRIPTION: MOTION FOR VARIATION OF INTERIM RELEASE CONDITIONS (S. 20 of the Extradition Act , s. 679 (1) Cr.C. and s. 53 of the Rules of the Court of Appeal in Criminal Matters ) Clerk: Shirley Thomas Courtroom: RC-18

HEARING 9: 34 Commencement of the hearing. Identification of counsel. 9: 34 Exchange between the judge and Mtre Gobeil and Mtre Provost. 9: 39 By the judge : Judgment – see page 3. 9: 43 Conclusion of the hearing. SHIRLEY THOMAS Clerk BY THE JUDGE JUDGMENT [ 1 ] The petitioner seeks the variation of the conditions of her interim release.

She wishes to attend a sport event in which her children will participate next Sunday and suggests that one of the conditions previously imposed by this Court be lifted temporarily. [ 2 ] The respondent does not oppose the application and agrees with the petitioner's suggestion. [ 3 ] The petitioner's request is reasonable in the circumstances. [ 4 ] We shall take this opportunity to rectify one of the conditions below (no. 12), which used to refer to “Établissement de détention Maison Tanguay” and should now refer to “Établissement de détention Leclerc”.

FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] GRANTS the petitioner's application; [ 6 ] ALLOWS the petitioner to attend the Défi Pierre Lavoie to be held in Quebec City, on Sunday, May 15, 2016; [ 7 ] VARIES the interim release conditions that shall now read as follows: 1. Maintain the existing deposit of $5,000 by D. N. in file 500-36-005664-100; 2. Keep the peace and be good behaviour; 3. Reside at [...], Lac Megantic, Quebec, and not change address without the permission of the Court or one of its judges; 4.

Be at [...], Lac Megantic, Quebec, 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 Megantic between 8:00 pm and 10:00 am every day except for medical emergency involving her, one of her children or her mother D.

N.; 5a) Notwithstanding condition #4 and #5, on May 15, 2016, the petitioner is authorized to leave this address between 8:30 am and 8:30 pm in order to attend the Défi Pierre Lavoie to held in Quebec City on that day, a sport event in which her children will be participating. 6. Keep the landline number registered at the address [...], Lac Megantic 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 Megantic, Quebec, three times a week i.e. every Monday, Wednesday and Friday to sign the register; 11. Refrain from using, carrying or having in her possession any firearms or weapons of any sort except for knives for legitimate purposes; 12.

Constitute herself prisoner at Établissement de détention Leclerc, 400 Montée St-François, Laval, within 24 hours of being notified that the Minister will release her decision on reconsideration; 13. Refrain from making a passport application for herself or any of her minor children. [ 8 ] ORDERS that all undertakings and conditions under this order be entered into a recognizance before a justice of the peace, according to par. 679(5) of the Criminal Code . MARIE-FRANCE BICH , J.A.