2022 QCCA 1061, 2022 QCCA 1061
Opinion
Tietolman c. Attorney General of Canada 2022 QCCA 1061 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007863-226 ( 500-36-009959-217 ) MINUTES OF HEARING DATE: August 5, 2022 THE HONOURABLE PATRICK HEALY, J.A.
APPLICANT COUNSEL Ari tietolman Mtre marie-hélène giroux ( Me Marie-Hélène Giroux Avocats ) By videoconference RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA Mtre Frédéric Hivon ( Ministère de la Justice du Canada ) By videoconference IMPLEADED PARTY COUNSEL UNITED STATES OF AMERICA Mtre Frédéric Hivon ( Ministère de la Justice du Canada ) By videoconference DESCRIPTION: Application for release pending the decision of the Minister’s order to surrender (Section 20(
b) Extradiction act ,
section 679 Cr.c. and
section 53 Rules of the Court of appeal in Criminal matters ). Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 9:42 Commencement of the hearing. Identification of counsel. Preliminary remarks. The motion is not contested. Exchanges between the parties concerning the condition for release. 9:46 BY THE JUDGE: Judgment – see page 3. 9:47 Conclusion of the hearing.
Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] The Respondent consents to the Application for release pending the decision of the Minister’s order to surrender. THEREFORE, THE UNDERSIGNED: [ 2 ] GRANTS the motion of the appellant; [ 3 ] ORDERS the appellant’s release from custody on the following conditions: 1) Paul Tietolman will act as surety and make a cash deposit of $2,000 at the Office of the Superior Court and a recognizance of $20,000 without deposit; 2) Mr.
Tietolman will keep the peace, be of good behaviour and appear in Court whenever required; 3) He will turn in his Canadian passport to the Office of the Superior Court prior to his release and abstain from applying for a new passport or travel document from any country; 4) He will remain within the Province of Quebec; 5) He will reside at [...] in Montreal, Quebec; 6) He will not change address without prior authorization of the Court; 7) He will be at this address between 10:00 p.m. and 8:00 a.m. except for reasons of legitimate employment or medical emergencies and supply proof of such exceptions as required; 8) He will respond to any phone calls from Michael Goguen to confirm his whereabout; 9) He will wear a GPS compliance monitoring bracelet from “recovery science”, pay for all fees relating to it and surrender himself to the nearest police station if he is unable to pay these fees or as otherwise required; 10) He will abstain from possessing or consuming any drugs or alcohol including marijuana except with a validly obtained medical prescription; 11) He will report to the RCMP station located at 4225 Dorchester, Westmount, Quebec, between 9:00 a.m. and 5:00 p.m. and sign the register twice a week on Mondays and Thursdays beginning the first Monday or Thursday after his release;
12) He will have in his physical possession, on his person, a copy of his conditions of release at all times when he is not inside his place of residence. [ 4 ] ORDERS that the present undertaking be signed before a justice of the peace assigned for such purpose prior to the appellant being released from custody. PATRICK HEALY, J.A.
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