2019 QCCA 760, 2019 QCCA 760

M.M. c. Minister of Justice of Canada 2019 QCCA 760 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006232-167 (500-36-005664-100) MINUTES OF THE HEARING DATE: April 30, 2019 THE HONOURABLE MARTIN VAUCLAIR, J.A. APPLICANT COUNSEL M. M. ALIAS MI. ME. Mtre MARIE-HÉLÈNE GIROUX (MHG Avocats) RESPONDENT COUNSEL THE MINISTER OF JUSTICE OF CANADA Mtre Constantina Antonopoulos (Minister of Justice of Canada ) IMPLEADED PARTY COUNSEL THE UNITED STATES OF AMERICA ABSENT AND NOT REPRESENTED DESCRIPTION: Motion for release pending the appeal to the Supreme court of Canada (Section 20(

c) of the Extradition act , s 679 (8) of the Criminal Code ,

section 31 of the Rules of the Court of Appeal in Criminal Matters ). Clerk: Mélanie Camiré Courtroom: RC-18

HEARING 9:30 Commencement of the hearing. Identification of counsel. Exchanges between the Judge and counsel concerning the suggested conditions submitted by counsel. 9:36 Suspension of hearing. 10:30 Resumption of hearing. BY THE JUDGE: Judgment – see page 3. 10:31 Conclusion of the hearing. (

s) Mélanie Camiré Clerk BY THE JUDGE JUDGMENT [ 1 ] This extradition matter is before the courts since 2011. After the Supreme Court decision and further submissions to the Minister in late 2015, the applicant again seeks leave to appeal to the Supreme Court (Court file number 38593) from this Court’s decision rendered on April 15, 2019, rejecting her application for judicial review.

Except for short periods, the applicant was always granted bail and never failed her conditions or reporting to authorities when required. [ 2 ] Applicant now requests interim release pending the outcome of the appeal of the judicial review of the order to surrender by the Supreme Court of Canada. I do not see any impediment to this request considering the applicant’s situation and the fact that she was granted interim release since 2011. I am satisfied that the motion for interim release can be granted with conditions proposed by the parties, as discussed and modified.

FOR THESE REASONS, the undersigned: [ 3 ] GRANTS the application to abridge the delays of service and presentation of the application for interim release; [ 4 ] GRANTS the application for interim release. [ 5 ] ORDERS the interim release of the applicant M. M. a/k/a MI. ME. pending the result of his appeal before the Supreme Court of Canada on the following conditions: 1. Enter a personal recognizance of 5,000$ without a deposit; 2. Keep the peace and be of good behaviour; 3. Reside at [...], in Town A, QC [...], and not change address without the prior authorization of the Court or one of its judges; 4.

Be at [...], in Town A, Qc [...] between 8pm and 7:30am every day except for medical emergencies involving her, one of her children or her mother D. N.; 5. Be at [...], in Town A, QC [...] between 7:30am and 8pm every day except: a. for medical emergencies involving her, one of her children or her mother D. N.; b. on Tuesdays and Thursdays between 9am and 6pm to visit her daughter X in Town B, Quebec; c. to report to the S.Q. office pursuant to condition 11. 6. Carry a copy of the current conditions at all times outside your residence; 7.

Keep a landline number registered at the address, in Town A and answer calls by law enforcement during curfew. That telephone number will be […];

8. Not leave the province of Quebec; 9. Abstain from the consumption of alcohol, cannabis and illegal drugs; 10. 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; 11. Report to the S.Q. office at 3025, Laval, Lac Mégantic, Qc three times a week on Monday, Wednesday and Friday to sign the register; 12. Refrain from using, carrying or having in her possession any firearms or weapons of any sort except for knives for legitimate purposes; 13.

Surrender herself to the Établissement de Détention Leclerc, 400 Montée St-François within 24 hours of the issuance of the notice by Supreme Court of Canada that a decision in file No. 38593 will be released or within 24 hours of the discontinuance of the appeal; [ 6 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose. martin vauclair , J.A.