2014 QCCA 2066, 2014 QCCA 2066

Bedford c. Canada (Attorney General) (United States of America) 2014 QCCA 2066 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005741-143 ( 500-36-006441-128 ) MINUTES OF THE HEARING DATE: November 3, 2014 THE HONOURABLE NICHOLAS KASIRER , J.A. PETITIONER ATTORNEY VAN WADE BEDFORD Mtre ANTONIO PERFETTO ( Silver, Sandiford Avocats ) RESPONDENT ATTORNEY THE ATTORNEY GENERAL OF CANADA REPRESENTING THE UNITED STATES OF AMERICA Mtre MaGUY HACHEM ( Ministère de la Justice Canada ) DESCRIPTION: Motion for judicial interim release (s. 679 Cr. C . and s. 20 (

c) of the Extradition Act ) Clerk: Asma Berrak Courtroom: RC.18

HEARING 9:53 Commencement of the hearing. Identification of counsel. Submission by Mtre Hachem. 9:53 Suspension of hearing. 10:44 Resumption of hearing. Discussion between the Judge and the counsel. 10:47 Suspension of hearing. 16:00 Resumption of hearing. Discussion between the Judge and the counsel. 16:04 Judgment-see page 3. 16:08 Conclusion of the hearing.

Clerk BY THE JUDGE JUDGMENT [ 1 ] Van Wade Bedford has filed an application for judicial interim release pending judicial review by this Court of a decision of the Minister of Justice ordering his surrender pursuant to the Extradition Act . [ 2 ] The respondent does not contest the motion, in particular that the applicant has satisfied the requirements justifying his interim release, namely (

i) that his motion for judicial review is not frivolous; (ii) that he will surrender himself into custody in accordance with the terms of the order; and iii) that his detention is not necessary in the public interest. [ 3 ] In the circumstances, the applicant has satisfied the requirements of subsection 679(3) Cr. C . and paragraph 20(

c) of the Extradition Act .

FOR THESE REASONS, THE UNDERSIGNED: [ 4 ] ABRIDGES the time limit for filing the motion; [ 5 ] GRANTS the application for judicial interim release; [ 6 ] ORDERS the interim release of the applicant pending determination of his motion for judicial review on the following conditions: ▪ Maintain the deposit of money of $5,000 already made at the Registry of the Superior Court; ▪ Maintain the recognizance of $10,000 without deposit by the third person, Vanity GABRIEL; ▪ Keep the peace and be of good behaviour and appear in Court whenever required; ▪ Leave his passport at the Registry of the Superior Court and abstain from applying for a new one; ▪ Not leave the Province of Quebec; ▪ Reside at […], Montreal, Québec, […] and not change address without prior authorization of the Court; ▪ Be at this address between midnight and 6 a.m. except for a medical emergency; ▪ Report to the RCMP once each week at 4225 Dorchester Blvd, Westmount, Quebec, to sign the register every Wednesday starting on November 5, 2014;

▪ Provide a landline registered to […], Montreal, Québec and answer calls by law enforcement officials during curfew.

That number will be 514 […]; ▪ Not communicate with Kenneth GOUCHER, April Frances MUIR, Arlene GRUNDY, Mark DASH, Tania Tchobanova IVANOVA, Walter WUELFRATH, Paul IFEJEH, George CHRYSSANTHOPOULOS, Alberino MAGI, Kevin Spencer POWER, John POWER, Richard Allen GOODHEART, 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; ▪ Abstain from making any transactions at a MoneyGram or Western Union or any other money transfer company; ▪ Abstain from directly or indirectly working in telemarketing in any capacity; ▪ Surrender into the custody of the Rivière-des-Prairies Detention Center no later than 4pm on the day before the hearing of his application for judicial review.

The petitioner acknowledges having been informed that his failure to do so may result in his application being dismissed without a hearing; [ 7 ] ORDERS that these undertakings be subscribed before a justice of the peace assigned to such matters before the applicant is released. nicholas kasirer , J.A.