2019 QCCA 1115, 2019 QCCA 1115

Perna c. Minister of Justice of Canada 2019 QCCA 1115 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007095-191 (500-36-008861-182) MINUTES OF THE HEARING DATE: June 11, 2019 THE HONOURABLE PATRICK HEALY , J.A. PETITIONER COUNSEL MICHELINA PERNA Mtre Marie-Hélène Giroux (Me Marie-Hélène Giroux Avocate inc.) RESPONDENT COUNSEL MINISTER OF JUSTICE OF CANADA Mtre CLAUDINE DIB (Ministère de la Justice Canada) IMPLEADED PARTY COUNSEL UNITED STATES OF AMERICA Mtre CLAUDINE DIB (Ministère de la Justice Canada) DESCRIPTION: MOTION FOR INTERIM RELEASE PENDING THE DETERMINATION OF THE JUDICIAL; REVIEW OF THE MINISTER’S DECISION (s. 20(

c) of the Extradition Act , s. 679 Cr. C .) . Clerk: Mélanie Camiré Courtroom: RC-18

HEARING 9:30 Commencement of the hearing. Identification of counsel. Mtre Giroux serves in person a copy of the petitioner’s Motion for interim release pending the determination of the judicial review of the minister’s decision, to Mtre Dib. 9:33 BY THE JUDGE: Judgment – see page 3. 9:35 Conclusion of the hearing. (

s) Mélanie Camiré Clerk BY THE JUDGE JUDGMENT [ 1 ] In view of the consent of the parties ; THE UNDERSIGNED: [ 2 ] GRANTS the petitioner's Michelina Perna motion; [ 3 ] ORDERS the petitioner's release from custody on the following conditions - Maintain the registration of the legal hypothec for the amount of 150,000.00$ on the family residence located at […], Montreal, Quebec, […], and belonging to her; - Keep the peace and be of good behavior and appear in Court whenever required; - Maintain the deposit of her Canadian passport with Passport Canada and abstain from applying for a passport or for any other travel document from any other country, and not be in possession of any passport or other travel document; - Not leave the province of Quebec; - Reside at [...], Montreal, Quebec, [...] and not change address without prior authorization of the Court; - Be present at [...], Montreal, Quebec, [...] between 00:00 PM and 7:00 AM except for legitimate work purposes or medical emergencies; - Provide a landline telephone number registered at the residential address listed above, keep the said line functional with no call forwarding and answer any calls made by law enforcement during her curfew.

The number will be […]; - Not communicate or attempt to communicate in any way with Robert Mancini and the individuals identified in the Record of the Case except in the presence of their lawyers for the preparation of this cause and with people who, to her knowledge, have a criminal record or cases pending, except for her husband, Mr. Tolga Suatac; with the exception of Mr. Sergio Di Primio with the exception of Mr. Vito Salvaggio. - Abstain from directly or indirectly working in telemarketing in any capacity.

- Maintain the condition to report to RCMP twice a week at 2200 Reverchon Ave suite 288, Dorval, Quebec, H9P 2S7, to sign the register every Tuesday and Friday between 8h30 AM and 3h30 PM beginning June 14, 2019. When the reporting falls on a Statutory Holiday, she shall report on the next business day. - Have at all times in her possession and on her person a copy of these conditions. - Surrender herself into the custody of Leclerc Detention Center no later than 4 p.m. on the day before the hearing of her application for judicial review.

The petitioner acknowledges having been informed that her failure to do so may result in her application being dismissed without hearing. [ 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. [ 5 ] PLACES the file on the roll of September 20, 2019 in room Pierre-Basile-Mignault at 9:30 a.m., for a duration of 60 minutes (30 minutes for the applicant; 30 minutes for the respondent); [ 6 ] ORDERS the applicant, after notification to the respondent, to file with the Office of the Court, no later than July 19, 2019, seven copies of the documents mentioned in

section 60 R.C.A.Q.C.M . and, a brief of no more than 30 pages ; [ 7 ] AUTHORIZES the appellants in files 500-10-007095-191 and 500-10-007096-199 to file a single joint brief, not exceeding 30 pages for both files. [ 8 ] ORDERS the respondent, after notification to the applicant, to file with the Office of the Court, no later than August 19, 2019, seven copies of a brief of no more than 30 pages ; [ 9 ] AUTHORIZES the respondent to file a single brief, not exceeding 30 pages for both files500-10-007095-191 and 500-10- 007096-199. [ 10 ] ORDERS the parties, in accordance with sections 18 and 60 R.C.A.Q.C.M . , to file their argument drafted on good quality white letter paper (21.5 cm by 28 cm) with at least one and one-half spaces between the lines (except for quotations, which shall be single- spaced and indented).

The typeface shall be 12-point Arial font for the entire text. Exceptionally, 11-point Arial font may be used for quotations and 10-point Arial font may be used for footnotes. The margins shall be no less than 2.5 cm. The text shall be reproduced on one side only of each sheet; [ 11 ] ORDERS that the documents filed include a cover page and a table of contents with pages numbered consecutively; [ 12 ] ALLOWS the respondent, as provided by the second paragraph of

section 60 R.C.A.Q.C.M ., to notify the duly completed questionnaire to the applicant and file fives copies of the questionnaire with the Office of the Court, no later than 21 days before the date of the hearing of the motion for leave or the appeal; [ 13 ] ORDERS the parties to attach a technological version as a USB key to each copy of their documents filed in lieu of the brief. This version must permit keyword searches and include hyperlinks from the table of contents to the documents filed in lieu of the brief and from the argument to the schedules.

The USB key shall be identified in the same matter as a pleading (s. 12 R.C.A.Q.C.M . ) ; [ 14 ] REMINDS the parties that they may notify and file a book of authorities with the Office of the Court a least 30 days before the hearing (s. 46 R.C.A.Q.C.M. ). The book of authorities shall be prepared in accordance with

section 44 R.C.A.Q.C.M. patrick healy , J.A.