2017 QCCA 2013, 2017 QCCA 2013

M.M. c. Attorney General of Canada (United States of America) 2017 QCCA 2013 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL N o : 500-10-006232-167 (500-36-005664-100) MINUTES OF THE HEARING DATE: December 11, 2017 CORAM: THE HONOURABLE GENEVIÈVE MARCOTTE, J.A. MARIE-JOSÉE HOGUE, J.A. JOCELYN F. RANCOURT, J.A. APPLICANT COUNSEL M. M. (A.K.A. MI.

ME.) Mtre MARIE-HÉLÈNE GIROUX ( Monterosso Giroux Lamoureux Avocats ) Mtre JOHN NORRIS RESPONDENT COUNSEL THE ATTORNEY GENERAL OF CANADA representing the UNITED STATES OF AMERICA Mtre CONSTANTINA ANTONOPOULOS (Ministère de la Justice Canada) On judicial review of a decision rendered on August 2, 2017 by the Honourable Jody Wilson-Raybould, Minister of Justice of Canada.

DESCRIPTION : Extradition Act – Judicial Review of a Decision of the Minister of Justice of Canada. Clerk: David Champigny Courtroom: Antonio-Lamer HEARING 9:30 Commencement of the hearing. Identification of counsel. 9:31 Submission of Mtre Constantina Antonopoulos concerning the Applicant’s presence at the hearing, further to her inability to constitute herself as prisoner at Leclerc Institute, through no fault of hers, as a result of communication problems between said institute and the Minister of Justice.

Exchange between the Court and counsel. 9:33 Submission of Mtre Marie-Hélène Giroux. 9:49 Comments of Justice Marcotte, 10:20 End of the submission of Mtre Giroux. The issue of disclosure is abandoned. 10:21 Submission of Mtre Antonopoulos. 10:28 Exchange between Justice Marcotte and Mtre Antonopoulos. 10:30 Exchange between the Court and Mtre Antonopoulos. 10:37 Exchange between Justice Hogue and Mtre Antonopoulos. 10:57 End of the submission of Mtre Antonopoulos. Rebuttal by Mtre John Norris. 11:08 End of the submission of Mtre Norris. 11:10 The matter is taken under advisement.

Exchange regarding a request for interim release and the necessity of submitting written conditions of release. 11:11 Recess. 11:33 Resumption of the hearing. Comments of Justice Marcotte. End of the hearing. (

s) David Champigny Clerk BY THE COURT JUDGMENT [ 1 ] Considering that the Court has heard the Motion in judicial review of the Minister’s decision of August 2, 2016 ordering the extradition of the Applicant; [ 2 ] Considering that the Court has taken the matter under advisement; [ 3 ] Considering that pending the proceedings, the Applicant was subject to various interim release orders;

[ 4 ] Considering that the Applicant attempted to constitute herself prisoner at Leclerc Institute within 24 hours of the present hearing, but was unable to do so due to a communication problem between the Minister of Justice and the Leclerc Institute, through no fault of hers; [ 5 ] Considering that the Applicant is present at the hearing; [ 6 ] Considering the verbal Motion for interim release pending the rendering of the Court judgment and the agreement of the parties on the conditions of release of the Applicant, as set out in previous judgments of judges of this Court, on August 17, 2016 (St-Pierre, J.A.) as modified on December 8, 2016 (Kasirer, J.A.) and on April 18, 2017 (Healy, J.A.); [ 7 ] Considering that the only modification to these previous orders relates to condition No. 12 of the initial order of August 17, 2016 which will be replaced and now read as follows : 12.

Constitute herself prisoner at the Leclerc Institute within 24 hours from this Court decision or judgement. [ 8 ] Considering that the parties have been asked to provide the Court with a formal list of these conditions to be presented before a Justice of peace assigned to such matter before the Applicant is officially released later this afternoon. FOR THESE REASONS, THE COURT: [ 9 ] ORDERS the interim release of the Applicant, pending the Court judgment, under the following conditions : 1. Maintain the existing deposit of 5,000$ by D. N. in file 500-36-005664-100; 2. Keep the peace and be of good behaviour; 3.

Reside at […], in Lac Mégantic, Qc and not change address without the permission of the Court; 4. Be at […], in Lac Mégantic, Qc, 22 hours a day, every day, except for medical emergencies involving her, one of her children or her mother D. N. and to sign the register pursuant to condition #10; 5. Notwithstanding condition #4, be at […], in Lac Mégantic, Qc between 8pm and 10am every day except for medical emergencies involving her, one of her children or her mother D. N.;

a) Except on Tuesdays and Thursdays between 10am and 8pm to bring her mother, D. N., to the Research Centre on Aging affiliated with the Centre Hospitalier Universitaire de Sherbrooke, or to visit her daughter X in Lévis-Québec City;

b) She must have a copy of the conditions at all times when she is not in her residence; 6. Keep a landline number registered at the address, in Lac Mégantic and be able to answer calls by law enforcement. That telephone number will be […]; 7. Not leave the province of Québec; 8. Abstain from the consumption of alcohol and illegal drugs; 9. Abstain from going to any bar, club or similar place, private or public in which alcohol and/or drugs are consumed or may be consumed including family parties; 10. Continue reporting to the S.Q. office at 3025, Laval, Lac Mégantic, Qc three times a week: every Monday, Wednesday and Friday to sign the register;

11. Refrain from using, carrying or having in her possession any firearms or weapons of any sort except for knives for legitimate purposes; 12. Surrender to the Établissement de Détention Leclerc, 400 Montée St-François within 24 hours of the issuance of the Québec Court of Appeal judgement on her Motion in judicial review of the Minister’s decision of August 2, 2016; [ 10 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose, before the Applicant is officially released; Geneviève marcotte, j.a. Marie-josée hogue, j.a. jocelyn F. rancourt, j.a.