2014 QCCA 1193, 2014 QCCA 1193

Igwe c. Canada (Attorney General) 2014 QCCA 1193 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL N o : 500-10-005605-140 (500-36-007009-130) MINUTES OF THE HEARING DATE: June 9, 2014 THE HONOURABLE MR.JUSTICE PIERRE J. DALPHOND, J.A. APPELLANT ATTORNEY CHIMA SAMPSON IGWE Mtre Véronique Courtecuisse VÉRONIQUE COURTECUISSE, AVOCATE RESPONDENT ATTORNEY THE ATTORNEY GENERAL OF CANADA Mtre Maguy Hachem MINISTÈRE DE LA JUSTICE CANADA AMENDED APPLICATION FOR JUDICIAL INTERIM RELEASE ( Art. 679 of Criminal Code ) (Art. 20 of the Extradition Act) (Art. 53 R.P.C.A., criminal division) Clerk: Julie Boudreault Gravel Court Room: RC.18

HEARING 14 h 16 Beginning of the hearing. Comments by the judge. Mtre Hachem confirms that she doesn’t have additional submissions. 14 h 18 Discussions between the judge and the parties. 14 h 23 Judgment, see page 3. 14 h 30 Conclusion of the hearing. Julie Boudreault Gravel Clerck JUDGMENT [ 1 ] Chima Sampson Igwe seeks his judicial interim release pursuant to

section 20 of the Extradition Act (The Act ) [1] following the issuance of an order of committal into custody by a judge of the Superior Court under

section 29 of the Act and his appeal of that committal to this Court. [ 2 ] The Attorney General of Canada contests the application, but the parties have agreed on conditions of release should I be of the view that Mr. Igwe’s release should be ordered pending the determination of his appeal. [ 3 ]

Section 20 of the Act renders

section 679 of the Criminal Code applicable to this hearing. In order to succeed, Mr. Igwe must establish on a balance of probabilities all of the following criteria set out in sub-section 679 (3): (

a) the appeal or application for leave to the appeal is not frivolous; (

b) he will surrender himself into custody in accordance with the terms of the order; and (

c) his detention is not necessary in the public interest. [ 4 ] The Attorney General concedes that Mr.

Igwe’s appeal is not frivolous, although his counsel argues, rightly so, that it seems weak in light of what is argued in the notice of appeal. [ 5 ] As for the third criteria, that his detention is necessary in the public interest, I am not convinced of that considering the context of this file (charges of telemarketing fraud and lack of violence). [ 6 ] The debate before me focuses on the second criteria, i.e that he will surrender in accordance with the terms of the order of release, if issued. [ 7 ] The extradition proceedings are related to events that occurred in 2008 and have been subject of police inquiry ever since. [ 8 ] Mr.

Igwe was arrested in 2008 in connection with the fraud scheme and has been made aware of a possible extradition years ago. He has not tried to flee since. [ 9 ] Moreover he is in Canada as a political refugee and has no valid travel documents, the last one, issued by the federal authorities, having expired in December 2013. There seems to be no reason for him to flee in the U.S.A. or to attempt to return to his country of origin, Nigeria. His options are limited. [ 10 ] Finally, with the assistance of friends and his community, he has undertaken to pay numerous outstanding fines and to regularize

his situation with the judicial system. [ 11 ] On the whole, I do consider that his situation can be distinguished from the one of the petitioner in United States v. Ibrahim, 2012 BCCA 278 , upon which the Attorney General relies to argue that he should remain into custody. [ 12 ] Accordingly, I am of the view that Mr. Igwe should be released pending appeal, subject to the conditions that were agreed upon by the parties, as amended before me.

FOR THESE REASONS, THE UNDERSIGNED: [ 13 ] GRANTS the amended motion for judicial interim release; [ 14 ] ORDERS the release of the appellant, Chima Sampson Igwe, on the following conditions: 1. A deposit in the amount of $10,000.00 by Mrs. Nathalie Brathwaite. 2. Keep the peace, be of a good behaviour and report to the Court whenever required. 3. Reside at […], Montréal, Québec. 4. Be at the address indicated in the preceding paragraph between Midnight and 6 a.m., except for the purpose of legitimate employment. 5. Abstain from changing address unless obtaining an authorization from Court. 6.

Abstain from applying for a passport or any travel documents. 7. Abstain from leaving the Province of Québec. 8. Report to the RCMP twice a week, at 4225 Dorchester, to sign the register every Monday and Thursday, starting on June 12, 2014. 9. Not communicate with Kenneth Ifeanyi Duru and Ifeanyi Chigozi Nwankwo except in the presence of the attorneys and for the preparation of this case. 10. Abstain from making directly or indirectly any transactions at a Money Gram or Western Union or any other money transfer company. 11. Abstain from directly or indirectly working in telemarketing in any capacity. 12.

Turn himself prisoner at Rivières-des-Prairies detention center, situated at 11900 Armand-Chaput, within 24 hours of the Minister’s decision to order his extradition, if applicable. 13. Be present at the Court of appeal for his appeal. [ 15 ] ORDERS that an undertaking of these conditions be given before a justice of the peace assigned to such matters, before the appellant is released. PIERRE J. DALPHOND, J.A.