2017 QCCA 32, 2017 QCCA 32

Power c. Attorney General of Canada (United States of America) 2017 QCCA 32 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005730-146 MINUTES OF THE HEARING DATE: January 18, 2017 CORAM: THE HONOURABLE MANON SAVARD , J.A. MARTIN VAUCLAIR , J.A. CLAUDE BOUCHARD , J.A. ( ad hoc ) APPLICANT COUNSEL KEVIN SPENCER POWER Mtre GAÉTAN BOURASSA (Montérosso Giroux Avocats) RESPONDENT COUNSEL THE ATTORNEY GENERAL OF CANADA on behalf of THE UNITED STATES OF AMERICA Mtre GINETTE GOBEIL ( absent ) M tre Joshua Wilner ( absent ) (Ministère de la justice Canada) Motion for Release (Section 20 (

c) of the Extradition Act, Section 679(1) and 515

c) of the Criminal Code and

article 53 of the Rules of the Court of Appeal in Criminal Matters . On the judicial review of the Honourable Peter MacKay, Minister of Justice Canada, rendered on October 9, 2014 .

Clerk: Marcelle Desmarais Courtroom: Antonio-Lamer HEARING 10:31 Commencement of the hearing. Identification of counsel. 10:31 Mtre Ginette Gobeil participates at the hearing by phone. Discussion between the Court and the counsel. 10: 36 Counsel do not have any comments on the conditions as modified by the Court. Judgment – see page 3.

Marcelle Desmarais Clerk BY THE COURT JUDGMENT [ 1 ] After hearing the Motion for judicial review of the Minister’s decision to extradite the Applicant, the Court indicated that it expected to render its decision on Friday, January 20th, 2017 and, if not, that the matter would be taken under advisement. [ 2 ] According to his bail conditions, the Applicant was obliged to surrender into custody the day before the hearing and because no ruling on his motion has issued, the question of the necessity of a continued detention arises given that he had previously been released on bail. [ 3 ] Following the hearing, the Court inquired into Applicant’s intention in this respect.

He informed the Court that he would request his release pending the Court’s decision.

Respondent conceded that no new element caused him to dispute this request. [ 4 ] Absent contestation and bearing in mind the efficient use of the limited judicial resources, the Court offered to deal with this matter immediately rather than obliging Applicant to present his motion to a judge, the possibility of a revision of the decision is practically non existing. [ 5 ] CONSIDERING the Motion and the file; [ 6 ] CONSIDERING the Respondent consents to the Applicant’s release from custody; [ 7 ] CONSIDERING that the parties agree on the conditions of such release Respondent; [ 8 ] CONSIDERING the Court is of the opinion that the conditions for judicial release are satisfied; FOR THESE REASONS, THE COURT : [ 9 ] ABRIDGES the delay to serve and present the motion; [ 10 ] GRANTS the motion for judicial release pending the Court’s decision; [ 11 ] ORDERS the release from custody of the Applicant pending the decision of the Court, on the following conditions:

a. Maintain the deposit of 5,000$ already made with the office of the superior court; b. Third party Sharon Power, […]-1964 residing at […], Quebec, […], will make a recognizance of 5000$ without deposit; c. Keep the peace and be good behaviour; d. Not retrieve his passport from the Office of the Superior Court and abstain from applying for a passport or for any other travel document, and not be in possession of any passport or other travel document; e. Not leave the province of Quebec ; f. Reside at […], Montreal and not change address without prior authorization of the Court; g.

Be at this address between midnight and 6 am; h. Report to RCMP once a week at 4225 Dorchester to sign the register every Thursday; i. Not communicate with Richard Allen Goodheart, April Frances Muir, Kenneth Goucher, Alberino Magi, George Chryssanthopoulos, Paul Ifejeh, Adrien Stephenson, Arlene Grundy, Van Wade Bedford, Jeffrey Morris Jacobson, Walter Wuelfrath, John Power, Mark Dash, Vijayakumar Ramakrishan, Jeremiah Mosher, Tania Tchobanova Ivanova and John Felix Alexander except in the presence of their attorneys and for the preparation of this case and except for the purpose of legitimate employment; j.

Abstain from making any transactions at a MoneyGram or Western Union or any other money transfer company; k. Abstain from directly or indirectly working in telemarketing in any capacity; l. Surrender into the custody of the Rivière-des-Prairies Detention Center within 24 hours of the Court’s decision dismissing his motion for judicial review of the Minister’s decision or of his discontinuance of his appeal. [ 12 ] ORDERS that an undertaking of these conditions be given before a justice of the peace assigned to such matters, before the Applicant is released. MANON SAVARD, J.A. MARTIN VAUCLAIR, J.A.

CLAUDE BOUCHARD, J.A. (ad hoc)