2011 QCCA 914, 2011 QCCA 914

M.M. c. United States of America 2011 QCCA 914 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-004925-119 (500-36-005664-100) MINUTES OF THE HEARING DATE: May 18, 2011 THE HONOURABLE NICOLE DUVAL HESLER, J.A. PETITIONER ATTORNEY M.M. Mtre Gaétan Bourassa DESLONGCHAMPS BOURASSA TRUDEAU & LAFRANCE Aide juridique de Montréal RESPONDENT ATTORNEY UNITED STATES OF AMERICA Mtre Christian Jarry Ministère de la justice Canada MOTION FOR RELEASE PENDING APPEAL

Clerk: Annick Nguyen Court Room: RC-18 HEARING 10:02 Commencement of the hearing. 10:03 Exchange between the judge and Mtre Bourassa. 10:05 Submission by Mtre Jarry. 10:14 Submission by Mtre Bourassa. 10:16 BY THE JUDGE. Judgment – See page 3. 10:17 Mtre Bourassa asks the judge to place exhibit R-3 and R-4 in sealed envelopes. Annick Nguyen Clerk JUDGMENT [ 1 ] Both parties agree that I am bound by the precedent created by the case of Pinsky v. Canada (Attorney General), 2005, QCCA 502 .

Since the Petitioner alleges new facts and new circumstances, the Court that has jurisdiction to hear Petitioner's application is the Superior Court. [ 2 ] FOR THESE REASONS, THE UNDERSIGNED: [ 3 ] DECLINES jurisdiction; [ 4 ] REFERS the Motion to the Superior Court, district of Montreal; [ 5 ] ORDERS that exhibits R-3 and R-4 be placed in sealed envelopes, that may only be opened with the authorization of a judge of this Court. NICOLE DUVAL HESLER, J.A.