2014 QCCA 1347, 2014 QCCA 1347

Dash c. United States of America 2014 QCCA 1347 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL N o : 500-10-005486-137 (500-36-006443-124) MINUTES OF THE HEARING DATE: July 10, 2014 THE HONOURABLE MADAM JUSTICE MARIE-FRANCE BICH, J.A. PETITIONER ATTORNEY MARC DASH Mtre Sandra Tremblay AIDE JURIDIQUE DE MONTRÉAL RESPONDENTS ATTORNEY UNITED STATES OF AMERICA THE ATTORNEY GENERAL OF CANADA Mtre Claudine Dib MINISTÈRE DE LA JUSTICE CANADA APPLICATION FOR JUDICIAL RELEASE PENDING JUDICIAL REVIEW (

Section 679 Criminal Code &

Section 20c) & 57(4) of the Extradition Act ) Clerk: Asma Berrak Court Room: RC.18

HEARING 9:32: Beginning of hearing. Identification of counsel. 9:32: Discussion between the judge and the parties. 9:37: Judgment – see page 3. 9:39: Conclusion of hearing.

Asma Berrak Clerk JUDGMENT [ 1 ] On July 3, 2014, the Minister of Justice, pursuant to the Extradition Act , ordered the petitioner's surrender to the United States on the offences for which his extradition was sought (conspiracy to commit wire fraud, mail fraud and telemarketing fraud against the elderly; wire fraud, mail fraud and telemarketing fraud against the elderly). [ 2 ] On July 8, 2014, pursuant to s. 57 of the Extradition Act , the petitioner filed an application for judicial review of the Minister's decision.

He now seeks to be released pending the determination of said application, pursuant to sub-s. 57(4) of the Extradition Act and sub- s. 679(3) of the Criminal Code . [ 3 ] The respondent does not oppose the interim release and the parties indeed agree on the conditions that should be imposed upon the petitioner. [ 4 ] I am of the view that the conditions set out in sub- s. 679(3) of the Criminal Code for such a release are met and that the conditions suggested by the parties are reasonable, with a few minor modifications to which they agree.

FOR THESE REASONS, I: [ 5 ] GRANT the petitioner's motion for interim release and ORDER his judicial interim release pending the determination of his application for judicial review of the decision of the Minister of Justice, on the following conditions: i. Ms. Huguette Janelle, a third party, will maintain her recognizance of $10,000 without deposit, to serve as security and guarantee of the following conditions; ii. The petitioner shall maintain the $5,000 deposit already made with the Office of the Superior Court; iii.

The petitioner shall keep the peace, be of good behaviour and appear in Court whenever required; iv. The petitioner shall not retrieve his passport from the Office of the Superior Court and shall abstain from applying for a passport or for any other travel document, and he shall not be in possession of any passport or other travel document; v. The petitioner shall not leave the Province of Quebec; vi. The petitioner shall reside at […], Town A, Quebec, […] and not change address without prior authorization of this Court or one of its judges; vii.

The petitioner shall remain at this address between midnight and 6 am every day except for the purpose of legitimate employment or a medical emergency; viii. As of July 14, 2014, the petitioner shall report to the RCMP (4225 Dorchester Boulevard, Westmount) every Monday and sign the register;

ix. The petitioner shall not communicate in any manner with Kenneth Goucher, April Frances Muir, Arlene Grundy, George Chryssanthopoulos, Tania Tchobanova Ivanova, Walter Wuelfrath, Paul Ifejeh, Van Wade Bedford, 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; x. The petitioner shall abstain from making any transaction at MoneyGram or Western Union or any other money transfer company; xi.

The petitioner shall abstain from directly or indirectly working in telemarketing in any capacity; xii. The petitioner shall surrender into the custody of the Rivière-des-Prairies Detention Centre on the day before the hearing by this Court of his application for judicial review of the Minister's decision; he shall also surrender into custody as ordered by this Court at any time. [ 6 ] ORDER that an undertaking of these conditions be given before a justice of the peace assigned to such matters, before the petitioner is released. MARIE-FRANCE BICH, J.A.