2019 QCCA 505, 2019 QCCA 505
Opinion
Singh c. Attorney General of Canada 2019 QCCA 505 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006743-189, 500-10-006941-189 (500-36-008575-170) MINUTES OF THE HEARING DATE: March 21, 2019 THE HONOURABLE marie-josée hogue , J.A. PETITIONER COUNSEL CHARAN SINGH Mtre LOUIS-NICHOLAS COUPAL- SCHMIDT (Coupal Chauvelot s.a.) RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA Mtre CONSTANTINA ANTONOPOULOS (Ministère de la Justice Canada) IMPLEADED PARTY UNITED STATES OF AMERICA DESCRIPTION: Application for the modification of the conditions regarding the release of the applicant pending appeal on committal (Section 20(
a) of the Extradition Act ) Applications for extension of the delay to perfect factums (Section 15 R.C.A.Q.C.M. )
Clerk: Alya Elisio Courtroom: RC.18 HEARING 9:35 Commencement of the hearing. Identification of counsel. Exchange between the judge and counsel. 9:37 Suspension of hearing. Hearing will be resumed at 2:45 p.m. where Justice Hogue will render judgment. 2:45 Resumption of hearing. BY THE JUDGE: Judgment- see page 3. Conclusion of the hearing.
Alya Elisio Clerk BY THE JUDGE JUDGMENT [ 1 ] Given the delay encountered by Petitioner in the reception of the transcriptions; [ 2 ] Given the representations made at the hearing; [ 3 ] Given the necessity to adjust the conditions accordingly; THE UNDERSIGNED: In file 500-10-006941-189 On the motion for extension of the delay to perfect factum [ 4 ] GRANTS the petitioner's Charan Singh application for extension of the delay to perfect factum; [ 5 ] EXTENDS the delay to perfect factum to May 15, 2019.
In file 500-10-006743-189 On the motion for extension of the delay to perfect factum [ 6 ] GRANTS the Petitioner's Charan Singh application for extension of the delay to perfect factum; [ 7 ] EXTENDS the delay to perfect factum to May 15, 2019.
On the motion to modify the conditions regarding the release of the applicant pending appeal on committal [ 8 ] GRANTS the Petitioner’s Charan Singh motion to modify the conditions regarding his release pending appeal on committal; [ 9 ] MODIFY the conditions in order to reflect the extension of the delay granted to perfect his factum; and as such [ 10 ] ORDERS the petitioner's release from custody on the following conditions: - Maintain cash deposit of $10,000 recognizance of $100,000 without deposit by Satwant Sidhu at the Office of the Superior Court;
- Keep the peace, be of good conduct and be present in Court whenever required; - Reside at […], Île Perrot, Québec, […]; - Be at his address between 11pm and 6am except for legitimate work purposes or a medical emergency; - Not to change his residential address without having obtained the prior authorization of the Court or one of its judges; - Abstain from leaving the Province of Quebec; - Deposit his Canadian and Malaysian passports at the Office of the Superior Court and not to apply for any other passport or any travel document from any country; - Not to communicate or attempt directly or indirectly to communicate with Guy Deland and Aydan Sin except in the presence of their attorneys for the preparation of this case; - Report to the RCMP station located at 2200, avenue Reverchon, suite 228, Dorval, Québec, between 9am and 4pm to sign the register every Friday beginning on December 7, 2018; - 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); - Maintain landline number […] registered to […], Ile Perrot, Québec, and answer any calls made by law enforcement during curfew; - Keep a copy of these conditions on his person at all times while outside his home; - Surrender himself into the custody of Rivière-des-Prairies detention centre on May 15, 2019, if the appeal and/or application for judicial review have not been perfected by this date (Appellant’s and Applicant’s facta not submitted to the Court), or if the appeal and/or judicial review have been perfected ( facta submitted to the Court) by May 15, 2019, surrender himself by 4pm on the day before the hearing for the appeal and/or application for judicial review on pain of dismissal; [ 11 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose prior to the petitioner being released from custody.
MARIE-JOSÉE HOGUE , J.A.
Loading document…