2017 QCCA 836, 2017 QCCA 836

Jartidian c. Attorney General of Canada (United States of America) 2017 QCCA 836 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006433-179 MINUTES OF THE HEARING DATE: May 23, 2017 THE HONOURABLE ROBERT M. MAINVILLE, J.A. PETITIONER COUNSEL GARABET JARTIDIAN Mtre MARIE-HÉLÈNE GIROUX (Monterosso Giroux Lamoureux Avocats) RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA Mtre Claudine Dib (Department of Justice) DESCRIPTION: Application of the petitioner for interim release ( Sections 20 of the Extradition Act , 679(1) Cr.C. and 53 R.C.A.C.M.) Clerk: Philippe Dupont Courtroom: ————-

HEARING 13:36 Commencement of the hearing. Identification of counsel. Respondent agrees to the application. For administrative purposes, the hearing proceeds by conference call. Seeing the consent to the motion, both parties renounce to audio recording. Exchanges between the Judge, Me Giroux and Me Dib 13:40 Judgment – page 3 Conclusion of the hearing. (

s) Philippe Dupont Clerk BY THE JUDGE JUDGMENT [ 1 ] UPON NOTICE of the judicial review application of Garabet Jartidian pursuant to

section 57 of the Extradition Act , S.C. 1999, c. 18 with respect to a decision of the Minister under

section 40 thereof dated May 19, 2017 and ordering his extradition to the United States of America. [ 2 ] UPON the motion of Garabet Jartidian for a judicial interim release pursuant to par. 20 (

c) of the Extradition Act pending the determination of this judicial review. [ 3 ] UPON the consent of opposing counsel to such judicial interim release under similar conditions to those which have applied to Garabet Jartidian under previous orders of the Court ( 2016 QCCA 2106 and 2017 QCCA 688 ). FOR THESE REASONS, THE UNDERSIGNED JUDGE : [ 4 ] ALLOWS the motion for a judicial interim release; [ 5 ] ORDERS the release from custody of Garabet Jartidian pending the conclusion of his judicial review application with respect to a decision of the Minister dated May 19, 2017 ordering his extradition to the United States of America UPON THE FOLLOWING CONDITIONS : (

a) Maintain the cash deposit of $10,000 already made at the Office of the Superior Court in Montreal; (

b) Deposit within ten (10) days of this order an additional cash amount of $85,000 at the Office of the Superior Court in Montreal in replacement of the legal hypothec on the property located at […], Rosemère, Québec, following the sale of said property; (

c) Keep the peace and be of good behavior and appear in Court whenever required; (

d) Leave his Canadian passport at the Office of Superior Court in Montreal and abstain from applying for a new one; (

e) Not leave the province of Quebec;

(

f) Reside at […], Montréal, Québec, and not change his address of residence without prior authorization of the Court or one of its judges; (

g) Be present at this address every day between 11:00 p.m. and 6 a.m., except for legitimate work purposes or medical emergencies; (

h) Not communicate with Matthew FERNANDES, Iraklis HAVIAROPOULOS and Vrej JARTIDIAN except in the presence of their attorneys and for preparation of his judicial review application; (

i) Not contact directly or indirectly Martin GRENIER or any member of his family; (

j) Report to the Sûreté du Québec once a week at 1701, rue Parthenais, Montreal, Quebec, to sign the register every Tuesday between 8:00 a.m. and 4:00 p.m; (

k) Surrender into the custody of the Rivières-des-Prairies Detention Center the day preceding the hearing of the judicial review before the Court. Garabet Jartidian acknowledges having been informed that his failure to do so may result in the judicial review application being dismissed without a hearing. [ 6 ] FURTHER ORDERS that Garabet Jartidian undertake to abide by these conditions before a justice of the peace empowered for such purpose before his judicial interim release becomes effective. ROBERT M. mAINVILLE , J.A.