2023 QCCA 848, 2023 QCCA 848

Ebigbo c. Attorney General of Canada 2023 QCCA 848 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007924-226 ( 500-36-010220-229 ) MINUTES OF HEARING DATE: June 27, 2023 THE HONOURABLE ROBERT M. MAINVILLE, J.A. APPELLANT COUNSEL Uchena Melvin Ebigbo Mtre Alexandra Boulanger ( Les avocats Poupart, Touma ) By videoconference RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA Mtre Laurent Brisebois ( Ministère de la justice Canada ) By videoconference DESCRIPTION: Motion to modify conditions of release ( Art. 679 Cr.C . and art. 31 Rules of the Quebec Court of Appeal in Criminal Matters ) .

Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 11:37 Commencement of the hearing. Identification of counsel. 11:38 Submissions by Mtre Boulanger. 11:42 Submissions by Mtre Brisebois. 11:43 BY THE JUDGE: Judgment – see page 4. 11:47 Conclusion of the hearing.

Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] On December 13, 2022, pursuant to

section 20(

b) of the Extradition Act, the Honourable Justice Geneviève Marcotte of this Court ordered the applicant’s conditional interim release pending the Minister’s decision under

section 40 that Act respecting his surrender to the authorities of the United States of America to face criminal charges of sexual contact with a person under the age of 16 years. [ 2 ] One of these conditions includes that the applicant reside at [...], in St-Hubert, and be present at this address 24 hours a day, except for legitimate work or medical emergencies or except in the presence of his surety. [ 3 ] A medical certificate filed before me indicates that the applicant’s partner, Pauline Taapopi , is followed at the Centre Hospitalier Universitaire Sainte-Justine ( “ CHU Sainte-Justine”) for a high-risk pregnancy and is scheduled to give birth by caesarean

section on July 3, 2023. The applicant seeks permission to accompany his partner to the hospital from July 3 to 5, 2023. He also seeks permission to leave his residence from 6:00 a.m. to 10:00 p.m. for the entire month of July 2023.

This second request is said to be for the purpose of caring for his two children, aged, respectively, 1 and 3 years, during their mother’s convalescence, including accompanying them to a childcare facility. [ 4 ] The respondent does not oppose the application. [ 5 ] Considering the medical circumstances of the applicant’s partner, the applicant should be allowed to accompany her at the hospital from July 3 to 5, 2023.

However, considering the nature of the pending charges, permission for the applicant to leave his domicile during the month of July should be properly regulated and subject to restrictions similar to those placed on the applicant when he was allowed to travel to Ottawa from December 16 to 17, 2022 and December 27 to 29, 2022.

FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] GRANTS , in part only, the application to modify the conditions of the applicant’s interim release; [ 7 ] MODIFIES the conditions of the applicant’s interim release as set out by the Honourable Justice Geneviève Marcotte in her judgment dated December 13, 2022, by adding the following conditions 2A and 2B: 2A) Notwithstanding condition 2) set out above, Uchena Melvin Ebigbo may be present at, remain in and spend the night at the CHU Sainte-Justine on July 3, 4 and 5, 2023 in order to accompany his partner Pauline Taapopi at this hospital for the purposes of a caesarian section; 2B) Notwithstanding condition 2) set out above, for the period of July 5, 2023 to July 31, 2023, Uchena Melvin Ebigbo may leave his residence situated at [...], in St-Hubert, between the hours of 6:00 a.m. and 10:00 p.m. solely for the following purposes: (

a) shopping in a store (grocery store, convenience store, pharmacy, etc.) for purposes related to the needs of his family; (

b) dropping off and picking up his children at their day care centre located at [...], in Brossard, Quebec, [...]. During these activities, he shall not be alone with a person under 18 years of age, except his own children, and shall at all times avoid entering a location typically frequented by persons under 18 years of age, such as parks, school yards, arenas, public pools or other similar locations. [ 8 ] ORDERS that the applicant subscribe to the above additional conditions before a justice of the peace prior to July 3, 2023. ROBERT M. MAINVILLE, J.A.