2019 QCCA 1525, 2019 QCCA 1525

Singh c. Attorney General of Canada 2019 QCCA 1525 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006743-189 ( 500-36-008575-170 ) MINUTES OF THE HEARING DATE: August 22, 2019 THE HONOURABLE MANON SAVARD, J.A.

APPLICANT COUNSEL Charan Singh Mtre JULIA BLAIS QUINTAL For Mtre Louis Nicholas Coupal-Schmidt ( Coupal Chauvelot s.a. ) RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA Mtre Constantina Antonopoulos ( Department of Justice Canada ) IMPLEADED PARTY COUNSEL The United States of America Mtre Constantina Antonopoulos ( Department of Justice Canada ) On appeal from a judgment rendered on May 18, 2018 by the Honourable Mario Langlois of the Superior Court , District of Montreal . DESCRIPTION: Application to vary conditions of release pending the Minister of justice's surrender decision (s. 20(

b) of the Extradition act ).

Clerk at the hearing : Stephane Robinson Courtroom: RC-18 HEARING 9:41 Commencement of the hearing. Identification of counsel. Discussion between the judge and Counsel. 9:42 Discussion between the judge and Counsel. 9:42 The Judge informs Mtre Antonopoulos that the she will modify the Judgment rendered by Justice 9:47 At the Judge’s request, Mtre Antonopoulos undertakes to send to the Court (by email) the latest judgment rendered by a Judge of the Court of appeal that modifies Mr. Sing’s conditions of release and a list of the latest conditions of release.

Mtre Antonopoulos also undertakes to confirm the date of judgment and name of the Court of appeal Judge that has rendered the original judgment pertaining to Mr. Sing’s original conditions of release. 9:48 Discussion between the judge and Counsel. 9:48 BY THE JUDGE : Judgment will be rendered in the course of the day – see page 3. 9:49 Conclusion of the hearing. Stephane Robinson, Clerk at the hearing JUDGMENT [ 1 ] The Applicant was granted judicial interim release by judgment of Justice Stephen W. Hamilton of November 30, 2018, modified on March 21, 2019 by Justice Marie-Josée Hogue.

He now seeks to vary the conditions of his release regarding his curfew in order to be allowed to attend his niece’s engagement party. The Respondent does not contest his motion. [ 2 ] The parties agree that the wording of the proposed modifications should be modified to properly reflect their intent.

THEREFORE, THE UNDERSIGNED : [ 3 ] GRANTS the Applicant’s motion, as verbally amended at the hearing; [ 4 ] MODIFIES the interim release order issued by Justice Hamilton on November 30, 2018, modified on March 21, 2019 by Justice Marie-Josée Hogue, for the sole purpose of replacing condition 4; [ 5 ] ORDERS , therefore, the Applicant’s release from custody on the following conditions : 1. Maintain cash deposit of $10,000 recognizance of $100,000 without deposit by Satwant Sidhu at the Office of the Superior Court; 2. Keep the peace, be of good conduct and be present in Court whenever required; 3.

Reside at […], Île Perrot, Québec, […]; 4. Be at his address between 11pm and 6am except for legitimate work purposes or a medical emergency and except on August 24, 2019 between 11pm until August 25, 2019, 3am, during which period he can be at the Roma Reception, at [...], in Saint-Leonard, for his niece’s engagement party ; 5. Not to change his residential address without having obtained the prior authorization of the Court or one of its judges; 6. Abstain from leaving the Province of Quebec; 7.

Deposit his Canadian and Malaysian passports at the Office of the Superior Court and not to apply for any other passport or any travel document from any country;

8. Not to communicate or attempt directly or indirectly to communicate with Guy Deland and Aydan Sin except in the presence of their attorneys for the preparation of this case; 9. Report to the RCMP station located at 2200, avenue Reverchon, suite 228, Dorval, Québec, between 9am and 4pm to sign the register every Friday beginning on December 7, 2018; 10.

Abstain from possessing or carrying for any reason whatsoever offensive or restricted weapons, or an imitation thereof, including revolvers, starting guns, pellet guns, firearms, crossbows, prohibited weapons, restricted use weapons, prohibited devices, ammunition or explosive substances, knives (except in a restaurant and for a legitimate purpose); 11. Maintain landline number [...] registered […], Ile Perrot, Québec, and answer any calls made by law enforcement during curfew; 12. Keep a copy of these conditions on his person at all times while outside his home; 13.

Surrender himself into the custody of Rivière-des-Prairies detention centre on May 15, 2019, if the appeal and/or application for judicial review have not been perfected by this date (Appellant’s and Applicant’s facta not submitted to the Court), or if the appeal and/or judicial review have been perfected ( facta submitted to the Court) by May 15, 2019, surrender himself by 4pm on the day before the hearing for the appeal and/or application for judicial review on pain of dismissal. 14.

Be at his address between 11pm and 6am except for legitimate work purposes or a medical emergency [ 6 ] ORDERS that the modifications to the undertaking be subscribed before a justice of the peace assigned for such purpose. MANON SAVARD, J.A.