2019 QCCA 1154, 2019 QCCA 1154

Torino c. Minister of Justice of Canada 2019 QCCA 1154 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007015-199 (500-36-008942-180) MINUTES OF THE HEARING DATE: June 21, 2019 THE HONOURABLE MARIE-FRANCE BICH , J.A. PETITIONER COUNSEL JOSEPH SEBASTIANO TORINO Mtre MARIE-HÉLÈNE GIROUX – Absent Mr.

Samuel McAuliffe (Intern) Present ( Me Marie-Hélène Giroux Avocate inc. ) RESPONDENT COUNSEL MINISTER OF JUSTICE OF CANADA Mtre Erin Morgan For Mtre CONSTANTINA ANTONOPOULOS (Ministère de la Justice Canada) IMPLEADED PARTY THE UNITED STATES OF AMERICA Absent - unrepresented DESCRIPTION: Motion to vary conditions of release (s. 679 Cr. C . and art.31, 47 of the Rules of the Court of Appeal in criminal matters ) .

Clerk: Stephane Robinson Courtroom: RC-18 HEARING 9:37 Commencement of the hearing. Identification of counsel. Recess of the hearing. 9:44 Resumption of the hearing 9:44 Commentary by the judge. The Motion is not contested. 9 h 45 Exchanges between the judge and the parties. 9 h48 Verbal Motion by Mr. McAuliffe to amend condition number 8 of the petitioner’s Motion to vary conditions of release . Mr. McAuliffe’s verbal motion is not contested. 9 h 49 Exchanges between the Judge and Counsel. 9 h 50 Recess of the hearing. 10:27 Resumption of the hearing. 10:27 Commentary by the Judge. 10:27 BY THE JUDGE : Judgment – see page 3. 10:30 Conclusion of the hearing. (

s) Stephane Robinson Clerk BY THE JUDGE JUDGMENT [ 1 ] On March 12, 2019, my colleague Hamilton, j.a. ordered the interim release of the applicant, pursuant to s. 20

b) of the Extradition Act and s. 679 Cr.C . [1] Conditions 5 and 7 of said release order states that the applicant shall: 5. Reside at […], Dorval, Quebec and not change address without prior authorization from the Court; 7. Obtain and maintain the landline […] registered to […], Dorval, Quebec and answer any call made by law enforcement during curfew; [ 2 ] The applicant seeks permission to change his residential address and his landline number.

The respondent does not contest the application, which, in the circumstances explained by counsel, will be granted. [ 3 ] During the hearing, the parties, through counsel, jointly asked that condition 8 of the original release conditions be modified. This request shall also be granted, considering counsel’s explanations. THEREFORE, THE UNDERSIGNED: [ 4 ] GRANTS the application; [ 5 ] ORDERS that the following three conditions be substituted to the original conditions: 5. Reside at […], Beaconsfield, Quebec, […] and not change address without prior authorization from the Court or one of its judges;

7. Obtain and maintain the landline […], registered to […], Beaconsfield, Quebec, […] and answer any calls made by law enforcement during curfew; 8. Report in person to the SPVM quarters located at 2805 Themens Blvd., Montréal (St-Laurent), Quebec, every Monday between 8am and 8pm to sign the register, starting on July 2, 2019; [ 6 ] ORDERS that the interim release conditions shall from now on be the following: 1. Maintain the deposit of $15,000 by Victor Danchak, […], Beaconsfield, Quebec, […]; 2. Keep the peace, be of good behavior; 3.

Leave his passport with the RCMP and abstain from applying for a passport or obtaining travel documents from any country; 4. Not leave the province of Quebec; 5. Reside at […], Beaconsfield, Quebec, […] and not change address without prior authorization from the Court or one of its judges; 6. Be at this address between 11pm and 7am except for reasons of a medical emergency or legitimate employment; 7. Obtain and maintain the landline […], registered to […], Quebec, […] and answer any calls made by law enforcement during curfew; 8.

Report in person to the SPVM quarters located at 2805 Themens Blvd., Montréal (St-Laurent), Quebec, every Monday between 8am and 8pm to sign the register, starting on July 2, 2019; 9. Have a copy of these conditions on his person at all times when he is outside his residence; 10. Abstain from communicating with Itcace Abramovici, Konstantinos Filippas, Michael Paré, Michael Dissos and Reouven Dreiblatt, except in the presence of their attorneys in preparation of this case; 11. Abstain from communicating with any of the victims named in the Record of the Case; 12.

Abstain from working in telemarketing in any capacity; 13. Abstain from using a Moneygram or Western Union service or other money transfer service; 14. Surrender himself into custody at the Rivière-des-Prairies Detention Centre within 24 hours of his counsel, or his, being advised that the Minister is ready to render his decision on surrender. [ 7 ] ORDERS that present undertaking be subscribed before a justice of the peace assigned for such purpose on or before June 25, 2019 at the latest. MARIE-FRANCE BICH , J.A.