2019 QCCA 48, 2019 QCCA 48

Egorho c. Attorney General of Canada (United States of America) 2019 QCCA 48 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006967-192 (500-36-009124-184) MINUTES OF THE HEARING DATE : January 17, 2019 THE HONOURABLE MARIE-FRANCE BICH, J.A. PETITIONER COUNSEL EJOVWOKE MARK EGORHO Mtre ÉMILIE FALLU on behalf of Mtre MARION BURELLE (Burelle, Côté & Giroux avocats) RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA, representing THE UNITED STATES OF AMERICA Mtre CLAUDINE DIB (Ministère de la Justice Canada) DESCRIPTION : Amended motion for judicial interim release. (S. 20(

b) Extradition Act , 679 Cr.C . , 53 R.C.A.Q.C.M. ) Clerk : Mihary Andrianaivo Courtroom : RC.18

HEARING 9:55 Beginning of the hearing. Identification of Counsel. Mtre Émilie Fallu files an amended motion which is not contested by Mtre Claudine Dib. 9:56 Exchanges between the Judge and Counsel pertaining to the proposed release conditions. 10:00 BY THE JUDGE: Judgment – See page 3. 10:01 End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] On January 8, 2019, pursuant to s. 29 of the Extradition Act , the Superior Court, district of Montreal (the honourable Mr. Justice Marc David), ordered the committal of the petitioner into custody to await surrender to the United States of America.

The petitioner now seeks judicial interim release pending the Minister’s decision under

section 40 of the Act . [ 2 ] The petitioner’s motion, which is not contested, fulfils the requirements of s. 679 Cr.C . and his release shall be ordered, subject to the following conditions, to which the parties have agreed. FOR THE ABOVEMENTIONED REASONS, THE UNDERSIGNED: [ 3 ] GRANTS the Application for judicial interim release (amended) ; [ 4 ] ORDERS the petitioner Ejovwoke Mark Egorho’s release from custody until the Minister’s decision under s. 40 of the Extradition Act , on the following conditions: 1. Make a recognizance of $10,000 in cash through Mrs.

Bola Gomez Saibou, at the Office of the Superior Court; 2. Keep the peace, be of good behavior and appear in Court whenever required; 3. Deposit his Canadian and Nigerian passports at the Office of Superior Court, and abstain from applying for a passport or for any other travel document from any country, and not be in possession of any passport or other travel document; 4. Not leave the province of Quebec; 5. Reside at […], Montreal, Québec and not change address without prior authorization of the Court or one of its judges; 6.

Be at this address between 11:00 p.m. and 7:00 a.m., except for legitimate work purposes or medical emergencies; 7. Provide a landline telephone number registered at the residential address listed above, keep the said line functional with no call forwarding and answer any calls made by law enforcement during his curfew. The number will be […]; 8. Not communicate or attempt to communicate in any way with the individuals identified in the Record of the Case, and with people

who, to his knowledge, have a criminal record or cases pending; 9. Abstain from directly or indirectly working in telemarketing in any capacity; 10. Report to the RCMP twice a week at 2200 Reverchon Ave. suite 288, Dorval, Québec, H9P 2S7, to sign the register every Monday and Wednesday between 7:30 am and 3:30 pm starting on January 21, 2019. When the reporting falls on a statutory holiday, he shall report on the next business day; 11. Have at all times in his possession and on his person a copy of these conditions. 12.

Surrender himself into the custody of the Établissement de Rivière-des-Prairies, 11900, avenue Armand-Chaput, Montréal, H1C 1S7, within 24 hours of the Minister’s decision to order his surrender pursuant to s. 40 of the Extradition Act . [ 5 ] ORDERS that an undertaking of these conditions be given before a justice of the peace assigned to such matters, before the applicant is released. marie-france bich , J.A.