2016 QCCA 1158, 2016 QCCA 1158

Goucher c. Canada (Attorney General) 2016 QCCA 1158 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005478-134 (500-36-006445-129) MINUTES OF THE HEARING DATE: July 6, 2016 THE HONOURABLE MARIE-FRANCE BICH, J.A. PETITIONER ATTORNEY KENNETH GOUCHER Mtre BENJAMIN WILNER ( Boro, Polnicky, Lighter ) RESPONDENT ATTORNEY THE ATTORNEY GENERAL OF CANADA on behalf of THE UNITED STATES OF AMERICA Mtre diya bouchedid (Department of Justice Canada) DESCRIPTION: Amended motion to amend the terms of judicial interim release. (

Section 19 of the Extradition Act , 680(1) (

a) and

(2) Cr.C. ) Clerk: Mihary Andrianaivo Courtroom: RC-18

HEARING 10:15 Commencement of the hearing. The motion is not contested. Exchanges between the Judge and Mtre Wilner. 10:20 BY THE JUDGE: Judgment – See page 3. 10:21 End of the hearing.

Mihary Andrianaivo Clerk BY THE JUDGE: JUDGMENT [ 1 ] By judgment dated August 6, 2014, Doyon J.A granted the petitioner's motion for interim release pending judicial review of the Minister of Justice's decision under s. 40 of the Extradition Act [1] and released the applicant on certain conditions [2] that were varied on October 3, 2014 [3] and on July 8, 2015. [4] [ 2 ] The petitioner seeks to modify his release conditions again. He asks permission to move to a new residential address. He also prays to be authorized to go on vacation in Nova Scotia, so that he may visit family members.

Finally, he also wishes to be authorized to travel to Ontario during daytime, provided that he returns to Quebec at the end of each day and complies with his curfew. [ 3 ] Considering the nature of the modifications that are sought, to which the respondent agrees, the motion shall be granted. [ 4 ] FOR THE FOREGOING REASONS, THE UNDERSIGNED: [ 5 ] GRANTS the motion; [ 6 ] ALLOWS the petitioner to move to the following address: […], Montreal (Quebec) […]; [ 7 ] ALLOWS the petitioner to travel to Nova Scotia and to Ontario upon the conditions that are set out below; [ 8 ] ORDERS the applicant to comply from now on with the following release conditions: 1.

Maintain the deposit of $5,000 already made at the Office of the Superior Court; 2. Maintain the $10,000.00 recognizance without deposit by Mr. Lance Rock; 3. Keep the peace, be of good behaviour and appear in Court whenever required; 4. Not retrieve his passport from the Office of the Superior Court and abstain from applying for a new one; 5.

Not leave the Province of Quebec except: 5.1 from July 19, 2016 to July 31, 2016, when he can travel to Nova Scotia and reside in this province, at […], Kingston (Nova Scotia) […]; 5.2 between August 1, 2016 and October 1, 2016, in order to travel to Ontario during daytime, provided that he returns to his residential address in Montreal every day and respects his curfew (see infra , condition 8); 6.

Reside at […], Montreal (Quebec) […] and not change his address without prior authorization of the Court or one of its judges, except from July 19, 2016 to July 31, 2016, during which period he will travel to and from Nova Scotia and, once there, will reside with his aunt Helen McCormick at the following address: […], Kingston (Nova Scotia) […]; 7. On July 15, 2016 at the latest, provide the RCMP with all telephone numbers, if any, where he can be reached while in Nova Scotia or Ontario; 8.

Be at […], Montreal (Quebec) […], between midnight and 6:00 AM every day, except for the purpose of legitimate and remunerated employment and except from July 19, 2016 to July 31, 2016 where he may travel to and from Nova Scotia and, once there, shall reside at […], Kingston (Nova Scotia) […], and respect the same curfew between midnight and 6:00 AM;

9. Report to the RCMP once a week at 4225 Dorchester, Westmount, to sign the register every Wednesday starting on July 13, 2016 except between July 19, 2016 and July 31, 2016 during which time he will report to the RCMP detachment located at […], Kingston (Nova Scotia), on July 20, 2016 and July 28, 2016, and sign the register; 10.

Not communicate with Richard Allen GOODHEART, April Frances MUIR, Arlene GRUNDY, George CHRYSSANTHOPOULOS, Tania Tchobanova IVANOVA, Walter WUELFRATH, Paul IFEJEH, Van Wade BEDFORD, Alberino MAGI, Kevin Spencer POWER, John POWER, Mark DASH, Adrien STEPHENSON, Jeremiah MOSHER, Jeffrey Morris JACOBSON, Vijayakumar RAMAKRISHNAN and John Felix ALEXANDER except in the presence of their attorneys and for the preparation of this case; 11. Abstain from making any transactions at a MoneyGram or Western Union or any other money transfer company; 12.

Abstain from directly or indirectly working in telemarketing in any capacity; 13. Surrender into the custody of the Rivière-des-Prairies Detention Center no later then 4 p.m. on the day before the hearing of his application for judicial review. The petitioner acknowledges having been informed that his failure to so may result in his petition being dismissed without a hearing. [ 9 ] ORDERS that these undertakings and conditions be entered into a recognizance before a justice of the peace assigned to such matters, on July 13, 2016 at the latest. MARIE-FRANCE BICH, J.A.