2017 QCCA 1234, 2017 QCCA 1234

Vetesse c. Attorney General of Canada (United States of America) 2017 QCCA 1234 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006494-171 (500-36-008222-161) MINUTES OF THE HEARING DATE: August 16, 2017 THE HONOURABLE MARTIN VAUCLAIR , J.A. PETITIONER COUNSEL ENZO VETESSE Mtre GAÉTAN BOURASSA (Monterosso, Giroux) RESPONDENT COUNSEL THE ATTORNEY GENERAL OF CANADA on behalf of THE UNITED STATES OF AMERICA Mtre CLAUDINE DIB (Ministère de la Justice Canada) DESCRIPTION: Motion to be released from custody. ( Articles 679 and 515(10) Cr.C . , 20

b) of the Extradition Act , 33 et seq. R.P.C.A. ) Clerk: Mihary Andrianaivo Courtroom: RC.18

HEARING 11:28 Commencement of the hearing. Identification of Counsel. The motion is not contested. Mtre Bourassa discloses the missing landline telephone number to be included in the release conditions. 11:30 BY THE JUDGE: Judgment – See page 3. 11:32 End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] Considering the Petitioner’s motion for judicial interim release pending the Minister’s decision under

section 40 respecting his surrender; [ 2 ] Considering sections 20(

b) of the Extradition Act , S.C. 1999, c. 18 and 679 of the Criminal Code ; [ 3 ] Considering the Record of the Case and more specifically that: 3.1. The Petitioner was intercepted by United States law enforcement officials in March 2013 with a travel suitcase containing approximately $245,000 USD; 3.2. The Petitioner made admissions to the effect that the money was destined to be laundered; 3.3. The Petitioner collaborated with the United States law enforcement officials; [ 4 ] Considering further that: 4.1. The Petitioner was nevertheless released without charge; 4.2.

The Record of the Case was signed on December 22, 2015; 4.3. Extradition was requested on February 25, 2016; 4.4. A warrant for his arrest was issued on September 22, 2016; 4.5. The Petitioner appeared before the Superior Court on September 23, 2016 4.6. The Petitioner was released on November 3, 2016. [ 5 ] Considering the affidavit filed by the Petitioner and more specifically that:

5.1. The Petitioner does not have prior convictions or pending cases; 5.2. The Petitioner agrees to a curfew, to report regularly to the RCMP, to deposit the same amount ordered in his previous release order and to surrender within 24 hours after the decision of the Minister; 5.3. The Petitioner suffers serious health problems. [ 6 ] Considering that the motion is not contested by the respondent in respect of either the facts enunciated therein or in law; [ 7 ] Considering counsel indicate that the proposal for the Petitioner’s judicial interim release was discussed with reference, inter alia , to R. v.

Antic , 2017 SCC 27 [ 8 ] Considering counsel indicate that sureties remain valid; [ 9 ] I am satisfied that the application satisfies the requirements of s. 679 Cr.C . [ 10 ] THEREFORE, THE UNDERSIGNED: [ 11 ] ABRIDGES the time limit to serve and file the motion; [ 12 ] GRANTS the petitioner's motion; [ 13 ] ORDERS the petitioner's release from custody on the following conditions: 1. Maintain the recognizance of $10,000.00, without deposit by Léonardo Tartamella; 2. Maintain the deposit of $10,000.00, already made before the Office of the Superior Court; by the petitioner’s daughter, Mélanie Vettesse; 3.

Keep the peace and be of good behavior and be present as required by the Court; 4. Reside at […], Montreal, Quebec; 5. Be at his residential address between 10:00PM and 06:00 AM, except for work purposes and for medical emergencies; 6. Not change addresses without prior authorization of the Court; 7. Not leave the province of Quebec; 8. Inform the RCMP and the Court in advance and in writing of any change in his employment situation; 9. Provide a landline telephone number registered to this residential address and answer any calls made by law enforcement officials during his curfew. This number will be: […]; 10.

Refrain from taking his Canadian passport from the Office of the Superior Court and abstain from applying for a new one; 11. Not apply to or attempt to obtain a passport or any other travel document from any country; 12. Not communicate or attempt to communicate in any way with Edgar Oswaldo Belapatino Savaresse, except in the presence of their attorneys and for the preparation of the case; 13. Not communicate or attempt to communicate in any way with people who, to his knowledge, have a criminal record or cases pending; 14.

Report in person to the RCMP, located at 4225 Dorchester, Westmount, between 9:00AM and 4:00 PM and sign the register three times a week on Monday, Wednesday and Friday, beginning on August 18 th , 2017; 15. The applicant shall have at all times in his possession and on his person a copy of the conditions; 16.

Surrender to the Rivières-des-Prairies detention center, situated at 11900 Armand-Chaput, within 24 hours of the Minister’s decision ordering his extradition. [ 14 ] ORDERS that the present undertaking subscribed before a justice of the peace assigned for such purpose prior to the petitioner being released from custody.

MARTIN VAUCLAIR , J.A.