2020 QCCA 163, 2020 QCCA 163

HEARING Abramovici c. Attorney General of Canada (United States of America) 2020 QCCA 163 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007268-202 MINUTES OF HEARING DATE: January 31, 2020 THE HONOURABLE MARIE-FRANCE BICH, J.A. APPELLANT COUNSEL Itcace Abramovici Mtre Joseph Elfassy ( Elfassy Kalash Avocats, regroupement nominal ) RESPONDENT COUNSEL The attorney general of Canada on behalf of the UNITED STATES OF AMERICA Mtre constantina Antonopoulos ( Department of Justice - Canada ) IMPLEADED PARTY United States of America DESCRIPTION: Motion for provisional release (s. 20(

c) of the Extradition Act) Clerk at the hearing : Elisabeth Lepage Courtroom: RC-18 9:47 Commencement of the hearing. Identification of counsel. 9:48 Preliminary remarks by the judge. Mtre Antonopoulos advises that she does not object to the motion for provisional release. 9:49 Discussion between the judge and counsel concerning the proposed conditions. 9:51 BY THE JUDGE : Judgment – see page 3. 9: 56 Conclusion of the hearing.

Elisabeth Lepage, Clerk at the hearing JUDGMENT [ 1 ] Pursuant to s. 20(

c) of the Extradition Act , [1] the applicant seeks his release pending the determination of the judicial review of the Minister’s decision under s. 40 to order his surrender to the United States of America. The respondent does not object to the applicant’s interim judicial release. [ 2 ] Given that the application fulfils the requirements of s. 679 Cr.C. , it shall be granted. Furthermore, the conditions suggested by the parties are reasonable.

FOR THESE REASONS, THE UNDERSIGNED: [ 3 ] GRANTS the application; [ 4 ] ORDERS the interim release of applicant Itcace Abramovici pending the determination of the judicial review of the Minister’s decision to order his surrender to the United States of America, on the following conditions: 1. Maintain the legal hypothec of $20,000 on the building located at 826 Carré Simon, St-Laurent, Quebec; 2. Keep the peace and be of good behavior; 3. Leave his passport with the RCMP or the Office of the Court and abstain from applying for a passport or obtaining travel documents from any country; 4.

Not leave the province of Quebec; 5. Reside at […], St-Laurent, Quebec, and not change address without prior authorization from the Court or one of its judges; 6. Be at this address between 11 p.m. and 7 a.m. except for reasons of medical emergency, hospitalization or legitimate employment; 7. Obtain and maintain a landline registered to […], St-Laurent, Quebec, and answer any calls made by law enforcement during the curfew. This number will be […]; 8.

Report in person to the RCMP Headquarters located at 4225 Dorchester, Westmount, Quebec, every Monday between 8 a.m. and 6 p.m. to sign the register, starting on Monday, February 10, 2020; 9. In case of overnight hospitalization, inform the RCMP of said stay, its length and location at (514) 939-8400, ext. 2045 . Once the RCMP is thus informed, conditions 6, 7 and 8 are to be suspended for the length of the hospital stay. 10. Have a copy of these conditions on his person at all times when he is outside his residence; 11.

Abstain from communicating with Sebastiano Joseph Torino, Michael Paré, Konstantinos Filippas, Michael Dissos and Reouven Dreiblatt, except in the presence of their attorneys in preparation of this case; 12. Abstain from communicating with any of the victims named in the Record of the Case; 13. Abstain from working in telemarketing in any capacity; 14. Abstain from using a MoneyGram or Western Union service or other money transfer service; 15.

If the application for judicial review is not perfected by April 23, 2020 (that is, if the applicant’s factum is not filed in the Office of the Court by that date), surrender himself into custody at the Rivière-des-Prairies Detention Centre on April 23, 2020, unless the Court or one of its judges orders otherwise.

If the application for judicial review is perfected by April 23, 2020 (that is, if the applicant’s factum is filed in the Office of the Court by that date), surrender himself into custody at the Rivière-des-Prairies Detention Centre by 9:30 a.m. on the day before the hearing of the application for judicial review, on pain of dismissal, or at any other time as ordered by this Court or one of its judges. [ 5 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose prior to the applicant being released from custody. MARIE-FRANCE BICH, J.A.