2017 QCCA 931, 2017 QCCA 931

Damgajian c. Attorney General of Canada (United States of America) 2017 QCCA 931 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005958-150 MINUTES OF THE HEARING DATE: June 9, 2017 THE HONOURABLE MARK SCHRAGER , J.A. PETITIONER COUNSEL JOSEPH DAMGAJIAN Mtre EMILIE GAGNON (Les avocats Poupart, Dadour, Touma) RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA on the behalf of the UNITED STATES OF AMERICA SARAH CHÊNEVERT, articling student for Mtre LAURENT BRISEBOIS (Ministère de la Justice Canada) DESCRIPTION: Motion to be released from custody pending the determination of the appeal Clerk: Adam Scott Courtroom: RC.18

HEARING 9:33 Commencement of the hearing. Identification of counsel. Exchange between Mtre Gagnon and the judge. 9:34 Exchange between Ms. Chênevert and the judge. 9:35 BY THE JUDGE: Judgment – see page 3. Conclusion of the hearing. (

s) Adam Scott Clerk BY THE JUDGE JUDGMENT [1] Seeing the amended application for provisional bail and the affidavit in support thereof; [2] Seeing the judgment of the Court of April 6, 2017; [3] Considering s.515(10) Cr.C. ; [4] Considering that the Respondent, Attorney General of Canada, does not contest the release of Petitioner subject to conditions; FOR THESE REASONS, THE UNDERSIGNED: [5] GRANTS the application for provisional bail; [6] ORDERS the provisional release of the Petitioner under the following conditions: 1 .

Maintain the following undertakings at all times: a. $5,000with deposit by Joseph Damgajian b. $5,000 without deposit by Maurice Damgajian (father) c. $2,000 without deposit by Malak Raad (spouse) d. $2,000 with deposit by Amika Damgajian (mother) or any other third party acceptable to the respondents; the whole for a total of $14,000; 2 . Keep the peace, be of good behaviour and attend court whenever required; 3 . Not change his address (see condition 8a) without prior authorization of the Court or one of its judges;

4 . Abstain from leaving Laval and Montreal; 5 . Abstain from applying for any passport or travel documents; 6 . Abstain from communicating or attempting to communicate in any manner with persons who use or sell narcotics; 7 . Formally abstain from:

a) having in his possession or using drugs or narcotics, except in accordance with a validly obtained medical prescription;

b) having in his possession and carrying, for any purpose whatsoever, offensive or restricted-use weapons or imitation weapons, including starter pistols and pellet pistols, firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices; 8 . Other conditions:

a) reside at […], Saint-Laurent, […];

b) be at the address indicated in the preceding paragraph 7 days per week, 23 hours per day except: b1. to attend court whenever required; b2. on Fridays between 10 AM and 4:00 PM in order to report to the Royal Canadian Mounted Police and sign the register (see condition 8f); b3. for church or place of worship purposes; b4. in case of a medical emergency; b5. to consult with his lawyers Poupart, Dadour, Touma and Associates; b6. From Saturday to Thursday, only between 12:00 PM (noon) and 7:00 PM, accompanied by his wife Malak Raad or his mother Amika Damgajian;

c) Maintain a functional landline at all times for the number (514) […];

d) Maintain all his passports, previously surrendered to the Register of the Superior Court, in the custody of the Registry of the Superior Court, including his Canadian passport, his US passport and his Lebanese passport;

e) Formally abstain from: e1. selling, sending, giving illegal drugs or narcotics to anyone; e2. using the postal system of the United States of America and Australia; e3. sending parcels, mail or any other package to the United States of America, directly or indirectly; e4. sending parcels, mail or any other package to Australia, directly or indirectly;

f) Report to the Royal Canadian Mounted Police once a week, every Friday, at 4225 Dorchester Blvd., Westmount, Quebec H3Z 1V5, and sign the register between 10:00 AM and 4:00 PM starting on June 16, 2017;

g) Surrender to the Rivière-des-Prairies Detention Center:

i) If the Minister of Justice of Canada decides to issue a surrender order, no later than within 24h of the issuance of the said order; ii) If the Minister of Justice of Canada decides to seek leave to appeal to the Supreme Court of Canada of the decision rendered by this Court on April 6, 2017 and if leave is granted, at 4:00 PM on the day prior to the Supreme Court of Canada hearing of the appeal on the merits; 9 . All undertakings and conditions under this order must be entered into a recognizance before a justice of the peace assigned to such matters and must be fulfilled prior to the petitioner Joseph Damgajian's release. MARK SCHRAGER , J.A.