2016 QCCA 1335, 2016 QCCA 1335
Opinion
Stewart c. Canada (Attorney General) (United States of America) 2016 QCCA 1335 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006150-161 (500-36-007874-152) MINUTES OF THE HEARING DATE: August 17, 2016 THE HONOURABLE MARIE ST-PIERRE, J.A. APPLICANT ATTORNEY COLIN STEWART Mtre MARIE-PHILIPPE LAVOIE (absent) (Morneau, L’Écuyer, La Leggia, Rouleau & Associé
s) RESPONDENT ATTORNEY THE ATTORNEY GENERAL OF CANADA, on behalf of the United States of America Mtre laurent brisebois ( absent ) (Ministère Justice Canada) DESCRIPTION: Motion of the Attorney General of Canada for a variation of the applicant’s recognizance (Section 20 of the Extradition Act and
section 679 of the Criminal Code ) Clerk: Robert Osadchuck Courtroom: RC-18
HEARING On August 10, 2016, Mtre Brisebois sent a letter to the Office of the Court with respect to the Attorney General of Canada’s Motion of the AGC for a variation of the applicant’s recognizance . The parties were excused from appearing in Court this morning. 9:30 Judgment – see page 3.
Robert Osadchuck Clerk BY THE JUDGE JUDGMENT [ 1 ] By its motion, the Respondent request two modifications to the bail conditions of Applicant established by judgment rendered on May 19, 2016 ( 2016 QCCA 890 ) : a modification to bail condition # 9 (conclusion 10.9 of the judgment rendered on May 19, 2016) and a modification to bail condition # 11 (conclusion 10.11 of the judgment rendered on May 19, 2016). [ 2 ] As it appears from the motion and the attached affidavit, a modification to condition # 9 is necessary since starting September 1 st 2016, the RCMP building at [...], Salaberry-de-Valleyfield will not be available for the purpose of signing the register, since it will be undergoing renovations. [ 3 ] Therefore, the Respondent has requested that condition # 9 be modified as follows : Continue to report in person to the RCMP at [...], Salaberry-de-Valleyfield, Québec, every Monday, Wednesday and Friday, between 8:00 a.m. and 4:00 p.m. and sign the register until Wednesday August 31 st 2016 and, starting September 2 nd , report in person to the Sûreté du Québec at 25 rue Paul, Ormstown, Québec, every Monday, Wednesday and Friday, between 8:00 a.m. and 4:30 p.m. and sign the register. [ 4 ] Applicant agrees to the issuance of an order varying condition # 9 (conclusion 10.9 of the judgment rendered on May 19, 2016 – 2016 QCCA 890 ) accordingly. [ 5 ] As it relates to a variation of condition # 11, Respondent and Applicant have agreed to postpone the hearing of the motion to September 16, 2016.
THEREFORE, THE UNDERSIGNED: [ 6 ] ORDERS the variation of condition # 9 (conclusion 10.9 of the judgment rendered on May 19, 2016) with the following : Continue to report in person to the RCMP at [...], Salaberry-de-Valleyfield, Québec, every Monday, Wednesday and Friday, between 8:00 a.m. and 4:00 p.m. and sign the register until Wednesday August 31 st 2016 and, starting September 2 nd , report in person to the Sûreté du Québec at 25 rue Paul, Ormstown, Québec, every Monday, Wednesday and Friday, between 8:00 a.m. and 4:30 p.m. and sign the register. [ 7 ] POSTPONES the hearing of the motion, as it relates to bail condition # 11, to September 16, 2016, in room RC-18, at 9: 30 a.m.
MARIE ST-PIERRE , J.A.
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