2015 QCCA 1160, 2015 QCCA 1160

Goucher c. United States of America 2015 QCCA 1160 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005478-134 (500-36-006445-129) MINUTES OF THE HEARING DATE: July 8, 2015 THE HONOURABLE MARIE-FRANCE BICH, J.A. APPLICANT ATTORNEY KENNETH GOUCHER Mtre JONATHAN GORDON ( Boro, Polnicky, Lighter ) RESPONDENTS ATTORNEY UNITED STATES OF AMERICA THE ATTORNEY GENERAL OF CANADA Mtre MAGUY HACHEM (Department of Justice, Canada) DESCRIPTION: Motion to amend the terms of judicial interim release (Section 19 extradition Act, 680(1)(a)

(2) Criminal Code ) Clerk: Julie B. G. Courtroom: RC-18

HEARING 9:30 Commencement of the hearing. Identification of counsel. 10:25 Discussion between the Judge and the counsel about changes to the conditions. 10:26 Judgment – See page 3. 10:28 Conclusion of the hearing. (

s) Clerk BY THE JUDGE JUDGMENT [ 1 ] By judgment dated August 6, 2014, Doyon J.A granted the applicant's motion for interim release pending judicial review of the Minister of Justice's decision under s. 40 of the Extradition Act [1] and released the applicant on the following conditions, the whole pursuant to sub-s. 20

c) of said act: ▪ Maintain the deposit of $5,000 already made at the Office of the Superior Court; ▪ Furnish a recognizance of $10,000 with deposit by the third party Mr George ROCK; ▪ Keep the peace and be of good behaviour and appear in Court whenever required; ▪ Not retrieve his passport from the Office of the Superior Court and abstain from applying for a new one; ▪ Not leave the Province of Quebec; ▪ Reside at […] street in Montreal (Quebec) and not change his address without prior authorization of the Court; ▪ Be at this address between midnight and 6 a.m. except for the purpose of legitimate and remunerated employment; ▪ Report to the RCMP once a week at 4225 Dorchester to sign the register every Wednesday starting on August 13th, 2014; ▪ Not communicate with Richard Allen GOODHEART, April Frances MUIR, Arlene GRUNDY, George CHRYSSANTHOPOULOS, Tania Tchobanova IVANOVA, Walter WUELFRATH, Paul IFEJEH, Van Wade BEDFORD, Alberino MAGI, Kevin Spencer POWER, John POWER, Mark DASH, Adrien STEPHENSON, Jeremiah MOSHER, Jeffrey Morris JACOBSON, Vijayakumar RAMAKRISHNAN and John Felix ALEXANDER except in the presence of their attorneys and for the preparation of this case; ▪ Abstain from making any transactions at a MoneyGram or Western Union or any other money transfer company; ▪ Abstain from directly or indirectly working in telemarketing in any capacity; ▪ Surrender into the custody of the Rivière-des-Prairies Detention Center no later then 4 p.m. on the day before the hearing of his application for judicial review.

The petitioner acknowledges having been informed that his failure to so may result in his petition being dismissed without a hearing. [ 2 ] On October 3, Vauclair J.A. modified the second of these conditions in the following manner: [4] STRIKES the condition requiring the applicant to furnish a $10,000.00 recognizance with deposit by Mr. George Rock; [5] ORDERS the applicant to furnish a $10,000.00 recognizance without deposit by Mr. Lance Rock. [ 3 ] The applicant seeks further modification of the conditions set out in the August 6 judgment.

He wishes to be “permitted to leave the jurisdiction of Quebec between July 10 th , 2015 and July 31, 2015 so that he may visit members of his family in Nova Scotia”. Although the conclusions of his motion do not mention this, he also seeks the following, as appears form paras. 17 and 18 of his motion: 17. The applicant also seeks the permission of this Court to return to the province of Quebec on July 31, 2015 by motor vehicle;

18. The applicant lastly seeks permission to periodically travel by motor vehicle into the province of Ontario, provided that he returns to Quebec and comply with the curfew ordered by this Court; [ 4 ] The motion is not contested by the respondent, who agrees to the following conditions, with which the applicant also agrees. THEREFORE, THE UNDERSIGNED: [ 5 ] GRANTS the motion and ORDERS the applicant to respect the following conditions: ▪ Maintain the deposit of $5,000 already made at the Office of the Superior Court; ▪ Maintain the $10,000.00 recognizance without deposit by Mr.

Lance Rock: ▪ Keep the peace and be of good behaviour and appear in Court whenever required; ▪ Not retrieve his passport from the Office of the Superior Court and abstain from applying for a new one; ▪ Not leave the Province of Québec except between: - July 10 th , 2015 and July 29 th , 2015, where he can also be in the Province of Nova Scotia and New Brunswick; AND - July 30, 2015 to October 1, 2015, where he can travel to the province of Ontario during the day, provided that he be back at his residence at […] in Montreal (Quebec), to respect his curfew; ▪ Reside at […] in Montreal (Quebec) and not change his address without prior authorization of the Court except between July 10, 2015 and July 27, 2015 where he will resides at [address in Kingston, Nova Scotia, and on July 27 th , 2015 and July 28 th , 2015 where he will reside at addresses that will be furnished to the RCMP by no later than July 10 th , 2015; ▪ Furnish the RCMP with the telephone numbers to the places that he will reside on July 27 th , 2015 and July 28 th , 2015 by no later than July 10 th , 2015; ▪ Be at […] in Montreal (Quebec) between midnight and 6 a.m. except for the purpose of legitimate and remunerated employment except between July 10 th , 2015 and July 26 th , 2015 where he will resides at [address 1] in Kingston, Nova Scotia and respect a curfew between midnight and 6 a.m., and except on July 27 th , 2015 and July 28 th , 2015 where he must respect his curfew at the addresses that will be provided to the RCMP no later than July 10 th , 2015; ▪ Report to the RCMP once a week at 4225 Dorchester to sign the register every Wednesday starting on July 8th, 2015 except between July 10 th , 2015 and July 27 th , 2015 where he will report at the RCMP detachment located at 1684 Maple Street in Kingston, Nova Scotia on July 15 th , 2015 and July 22 nd , 2015 and July 27 th , 2015; ▪ Not communicate with Richard Allen GOODHEART, April Frances MUIR, Arlene GRUNDY, George CHRYSSANTHOPOULOS, Tania Tchobanova IVANOVA, Walter WUELFRATH, Paul IFEJEH, Van Wade BEDFORD, Alberino MAGI, Kevin Spencer POWER, John POWER, Mark DASH, Adrien STEPHENSON, Jeremiah MOSHER, Jeffrey Morris JACOBSON, Vijayakumar RAMAKRISHNAN and John Felix ALEXANDER except in the presence of their attorneys and for the preparation of this case; ▪ Abstain from making any transactions at a MoneyGram or Western Union or any other money transfer company; ▪ Abstain from directly or indirectly working in telemarketing in any capacity; ▪ Surrender into the custody of the Rivière-des-Prairies Detention Center no later then 4 p.m. on the day before the hearing of his application for judicial review.

The petitioner acknowledges having been informed that his failure to so may result in his petition being dismissed without a hearing. MARIE-FRANCE BICH , J.A.