晚舟案12月11日的判决（全文）

无言

最重要的一个发现是最初新闻报道中的两个日期（1月8日, 2月6日）全没提及。这是说何时再次开庭还不确定？

IN THE SUPREME COURT OF BRITISH COLUMBIA

Citation:
        

United States v. Meng,


        

2018 BCSC 2255

Date: 20181211

Docket: 27761-1

Registry: Vancouver

In the Matter of the Extradition Act,
S.C. 1999, c. 18 as amended

And

In the Matter of
The Attorney General of Canada on behalf of
the United States of America

Requesting State

And

Wanzhou Meng, also known as “Cathy Meng” and “Sabrina Meng”

Person Sought

Before: The Honourable Mr. Justice Ehrcke

Oral Reasons for Judgment

Counsel for the Attorney General of Canada on behalf of the Requesting State:
        

K.L. Swift
J.M.L. Gibb-Carsley

Counsel for the Person Sought:
        

D.J. Martin
T.J. Duncan

Place and Date of Hearing:
        

Vancouver, B.C.
December 5, 7, 10, 11, 2018

Place and Date of Judgment:
        

Vancouver, B.C.
December 11, 2018


INTRODUCTION

[1]           THE COURT:  Forty‑six‑year‑old Wanzhou Meng, who is also known by the names Cathy Meng and Sabrina Meng, was born in Chengu, China, and currently resides in Shenzhen, China. She is a Chinese citizen and does not hold citizenship in any other country. For the past 25 years, she has worked for Huawei Technologies Co. Ltd. ("Huawei"), China's largest telecommunications company. She currently holds the position of CFO and Deputy Chairwoman of the Board of Huawei.

[2]           On December 1, 2018, Ms. Meng was travelling from Hong Kong, apparently on her way to Mexico and then other destinations. Her flight arrangements involved a stopover in Vancouver. Before she could board her connecting flight, she was arrested at Vancouver Airport and is currently incarcerated at the Alouette Correctional Centre for women.

[3]           The arrest was based on a Provisional Arrest Warrant issued on November 30, 2018, pursuant to a request made by the United States of America (the "Requesting State") in accordance with the Treaty on Extradition between the Government of Canada and the Government of the United States of America (the "Treaty").

[4]           Ms. Meng now applies for judicial interim release under s. 18 of the Extradition Act, S.C. 1999, c. 18 (the "Act"). The Requesting State opposes her release and seeks an order for her detention.
GENERAL NATURE OF THE REQUESTING STATE'S ALLEGATIONS

[5]           As set out above, Ms. Meng was arrested on a Provisional Arrest Warrant. Accordingly, the Requesting State has not yet filed a Certified Record of the Case, which would provide a more detailed account of the allegations against Ms. Meng and the evidence said to exist in support of those allegations for the purpose of an extradition request.

[6]           Pursuant to Article 11 of the Treaty, the Requesting State has a fixed period of time from the date of the arrest within which to submit a full request for Ms. Meng's extradition, along with the Record of the Case upon which they will be relying.

[7]           What we have at this point is a Summary of Facts produced by the Requesting State in support of their request for the Provisional Arrest Warrant. This was attached to the Affidavit of Cst. Yep that was marked as Exhibit 2 on this bail hearing. We also have a letter dated December 3, 2018, from United States Attorney, Eastern District of New York, which was marked as Exhibit 1.

[8]           According to those materials, a judge of the Eastern District of New York issued a warrant in the United States on August 22, 2018 for the arrest of Ms. Meng to stand trial on U.S. charges. The Requesting State alleges that starting in 2009, Ms. Meng and others conspired to make representations to numerous multinational financial institutions inducing them to continue to provide banking services to Huawei, despite the fact they were operating in countries subject to United States sanctions.

[9]           More specifically, it is alleged that Huawei operated Skycom Tech Co. Ltd. ("Skycom") as an unofficial subsidiary to conduct business in Iran, while concealing Skycom's link to Huawei. It is alleged that Meng and other Huawei representatives repeatedly lied about the nature of the relationship between Huawei and Skycom in order to obtain banking services from multinational financial institutions.

[10]        It is alleged that "the financial institutions at issue . . . maintained policies by which they would not onboard Iran‑based clients or process Iran‑related transactions through the United States, so as to avoid exposure to U.S. civil and criminal liability."

[11]        It is alleged that because of the misrepresentations, the "victim banking institutions were induced into carrying out transactions that they otherwise would not have completed", potentially exposing them to the risk of fines and forfeiture for violating U.S. sanctions laws.

[12]        The allegations appear to centre around Ms. Meng's participation in a PowerPoint presentation in August or September 2013 that allegedly contained false or misleading representations regarding Huawei's ownership and control of Skycom and Huawei's compliance with applicable U.S. laws.

[13]        I am told by counsel for Ms. Meng that the allegations of false or misleading representations are denied, and a request for her extradition will be vigorously opposed.
THE POSITION OF MS. MENG

[14]        Ms. Meng has filed an affidavit in support of her application for judicial interim release. That affidavit discloses, as set out above, that Ms. Meng is a 46‑year‑old citizen of China. She does not hold any other citizenship. She has a Hong Kong passport and a Chinese passport. She lives in Shenzhen, China.

[15]        Ms. Meng is married to Xiaozong Liu, and they have a 10‑year‑old daughter who also resides in Shenzhen. Ms. Meng has three sons from previous marriages, one of whom is currently attending school in the United States.

[16]        Ms. Meng holds a Master's Degree, and she is currently the CFO and Deputy Chairwoman of the Board of Huawei, a company she has worked at since 1993.

[17]        Ms. Meng at one time was a permanent resident of Canada, although she has since relinquished that status. In 2009, she and her husband purchased a home at 4005 28th Avenue West in Vancouver, and between 2009 and 2012, two of her children attended school in Vancouver. Since 2010, her in‑laws have typically stayed at the Vancouver home for multiple months in the summer, and Ms. Meng has tried to spend at least two to three weeks in Vancouver every summer. In 2016, Ms. Meng and her husband purchased another home in Vancouver at 1603 Matthews Street. That home is currently under renovation, with the intention that it will be for their family's use. The combined assessed value of the two homes is approximately $21.9 million, but they are subject to mortgages amounting to approximately $7.5 million.

[18]        Ms. Meng has no criminal record in China or elsewhere. She has various health problems, including hypertension. She had surgery for thyroid cancer in 2011, and more recently in May 2018 for issues related to sleep apnea.

[19]        The facts set out in Ms. Meng's affidavit are supported by affidavits from other individuals, including her husband. Letters of reference have also been filed attesting to her good character, and opining that she would not violate any court order. The letter by Sha Ye, who is a senior fellow at Fudan University in Shanghai, includes this comment:

I am really saddened to hear the news that Ms. Meng has been detained in Vancouver over the past weekend. I have spoken to Ms. Meng's family. Ms. Meng firmly believes that the Canadian and US legal system will produce a just result that will prove her innocence. Ms. Meng has spent her entire career working for Huawei. She has gained an impeccable reputation over these years. This is her lifelong work! If she is bailed, she will not risk damaging her personal reputation and career, as well as the business of Huawei, by going back to China without proper legal approval. She will stay in Canada to see justice getting served.

[20]        Another letter has been provided by a neighbour who lives on 28th Avenue in Vancouver, who writes:

I offer this letter as a testament to Wanzhou Meng. As her neighbour, I first met Sabrina about 8 years ago when she and her husband first purchased the house next door. The home has been largely used as a summer retreat for extended family including children and grandparents. Sabrina's visits were typically brief but understandably due to her involvement in business affairs internationally. Conversations with her gave one the impression of a quiet and modest individual who considered her family and children a priority. On this basis, as well as the obvious support of her tightly knit family, I believe that Sabrina would not jeopardize the well being and future status of her children (her son attends school in the US.)

I believe that Sabrina would not violate a court order.

[21]        Those comments are consistent with the words of Ms. Meng herself, who deposed at paragraph 10 of her affidavit:

10.      If this Honourable Court grants me judicial interim release, I will abide by any condition imposed. I will surrender both of my passports. I can reside at my home at 4005 28th Street [sic], Vancouver. I understand that my husband and daughter, and my extended family members would come to Vancouver and reside with me as permitted by Canada's immigration laws. My husband and I are willing to pledge the equity in either or both of our homes as security, or to make a cash deposit should the Court require us to do so. I will scrupulously abide by any curfew or reporting requirement imposed upon me. My father founded Huawei and I would never do anything that would cause the company reputational damage. I believe that breaching my bail conditions would cause such damage. I maintain that I am innocent of the allegations that have been levelled at me. I wish to remain in Vancouver to contest my extradition and I will contest the allegations at trial in the U.S. if I am ultimately surrendered.
THE POSITION OF THE REQUESTING STATE

[22]        Counsel on behalf of the Requesting State points out that s. 19 of the Extradition Act incorporates Part XVI of the Criminal Code with respect to judicial interim release, and in particular, incorporates by reference the primary, secondary, and tertiary grounds for detention set out in s. 515(10) of the Criminal Code. That section provides:

515 (10) For the purposes of this section, the detention of an accused in custody is justified only on one or more of the following grounds:

(a) where the detention is necessary to ensure his or her attendance in court in order to be dealt with according to law;

(b) where the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all the circumstances including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and

(c) if the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including

(i) the apparent strength of the prosecution’s case,

(ii) the gravity of the offence,

(iii) the circumstances surrounding the commission of the offence, including whether a firearm was used, and

(iv) the fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment or, in the case of an offence that involves, or whose subject-matter is, a firearm, a minimum punishment of imprisonment for a term of three years or more.

[23]        In the circumstances of the present case, counsel on behalf of the Requesting State submits that the sole issue is whether Ms. Meng's detention is justified on the primary ground referred to in s. 515(10)(a), namely whether her detention is required to ensure her attendance in court. Counsel on behalf of the Requesting State makes no submission on the secondary or tertiary grounds set out in clauses (b) and (c) of s. 515(10). That is, counsel on behalf of the Requesting State does not take the position that Ms. Meng needs to be detained for the protection or safety of the public, or to prevent her from committing an offence, or to prevent her from interfering with the administration of justice, or to maintain public confidence in the administration of justice. The only issue is whether Ms. Meng needs to be detained in order to ensure that she attends court.

[24]        Counsel on behalf of the Requesting State submits that, pursuant to s. 515(6)(b) of the Criminal Code, Ms. Meng is subject to a reverse onus owing to the fact that she is not ordinarily resident in Canada, and accordingly, Ms. Meng must show cause why her detention in custody is not justified. Counsel on behalf of the Requesting State submits that Ms. Meng has not met that onus, and says that she has an incentive to flee due to the potentially lengthy incarceration she would face in the United States if she were extradited and convicted there. The submission is that Ms. Meng does not have a significant connection with this jurisdiction, and that she has substantial financial resources that make the imposition of bail conditions, including substantial sureties, ineffective in ensuring her court attendance.

[25]        As counsel on behalf of the Requesting State wrote:

Ms. Meng has significant financial resources which would enable her to flee Canada should she choose to do so. She is a senior executive at one of the world’s largest telecommunications companies and the daughter of its founder. Her father has an approximate net worth of U.S. $3.2 billion. Ms. Meng is a Chinese national. China has no extradition agreement with the U.S. Should Ms. Meng want, she has the means to flee and remain outside Canada and the United States indefinitely. As held by the Court in United States of America v. Baratov, 2017 ONSC 2212 (CanLII), "if you have infinite sources, the value of the pledge diminishes.": para. 40.

[26]        Counsel on behalf of the Requesting State relies on the comments of Wood J.A. at para. 5 of U.S.A. v. Ross (5 July 1993), Vancouver CA017111 (B.C.C.A.):

[15]      But the courts in this Country have long recognized that a correct approach to extradition proceedings is characterized by good faith in honouring Canada's international obligations; see: Schmidt v. The Queen, 1987 CanLII 48 (SCC), [1987] 1 S.C.R. 500. In my view, adherence to that principle requires a court considering a bail application such as this to limit the assumption of the risk of non‑appearance more severely than might otherwise be acceptable in the case of domestic proceedings.

[27]        The decision in Ross was referred to with approval by Low J.A. in U.S.A. v. Edwards, 2010 BCCA 149 (CanLII) at para. 18:

[18]      This application for interim release must be considered in light of the need to honour Canada’s international treaty obligations. Therefore, the court must look at the risk of non-appearance even more cautiously than might be the case in domestic proceedings:  see the decision of Wood, J.A. in United States of America v. Ross, CA017111, July 5, 1993.

[28]        To similar effect are the comments of MacKenzie A.C.J., as she then was, at paragraph 17 of U.S.A. v. Espinosa (19 November 2010), Vancouver 25574 (B.C.S.C.).

[29]        Counsel on behalf of the Requesting State submits that the present case bears similarities to U.S.A. v. Su Bin (23 July 2014), Vancouver 26595 (B.C.S.C.). In that case, Cullen A.C.J., as he then was, ordered the detention of a Chinese national who had been arrested on a provisional warrant in relation to allegations that he had accessed the computer networks of defence contractors in the United States and committed theft of data relating to military aircraft and weapons systems.
ANALYSIS

[30]        The Requesting State relies on a number of factors to support the proposition that Ms. Meng has not satisfied her onus of showing that her detention is not necessary to secure her attendance in court. These factors include the submission that Ms. Meng has no meaningful connection with Vancouver, that the wealth of her family would make it easy for her to flee the jurisdiction, and that her ordinary life is in China, a country with no extradition treaty with either Canada or the United States. In addition, the Requesting State submits that since the allegations against Ms. Meng are in the nature of fraud, her averments that she would not flee should be given little credence.

[31]        Two other matters have been raised that deserve mention.

[32]        First, there was an allegation that Ms. Meng possessed multiple passports. That concern, in my view, has been put to rest by the Affidavit No. 3 of Xiaozong Liu, explaining that there are only two currently valid passports, one issued by the People's Republic of China, and the other by Hong Kong. The other passports that have been alluded to were issued as replacement passports for valid reasons that are explained in that affidavit. Ms. Meng and her counsel have assured the Court that if she is released, all her passports will be surrendered to the appropriate authorities.

[33]        The second matter is the allegation contained in the letter from the United States Attorney Eastern District of New York, that Ms. Meng has demonstrated an intention to evade apprehension in the United States by reason of the fact that she has not travelled there since March 2017. According to the author of that letter, the reason for that lack of travel to the United States is that in April 2017, Huawei became aware of a U.S. criminal investigation when Huawei's U.S. subsidiaries were served with a grand jury subpoena.

[34]        I put very little weight on the suggested inference that Ms. Meng's failure to travel to the United States since March 2017 is evidence of an intent to evade apprehension there. That inference is entirely speculative and without any reliable foundation. Residents of countries other than the United States, including Ms. Meng, may have myriad good reasons for choosing not to travel to the United States during the past two years.

[35]        As mentioned above, counsel on behalf of the Requesting State referred to U.S.A. v. Su Bin as a case that bore some similarity to the present case. There, after referring to a number of factors, including the fact that the person sought was a Chinese national and that China had no extradition treaty with either the United States or Canada, Mr. Justice Cullen wrote at paras. 59 to 60:

[59]      In my view, those factors, taken in combination, raise a significant risk that Mr. Su, if released, will abscond rather than face the prospect of extradition to the United States to face these charges.

[60]      I am not satisfied that what he has proposed by way of bail terms is sufficient to offset that risk, given the absence of any evidence of the nature or extent of his offshore assets and resources, and the fact that he is only able to offer his wife as a surety.

Mr. Justice Cullen went on to say at para. 64:

[64]      Each case is to be decided on its own facts, of course . . .

[36]        The question before me, then, is whether, on the particular facts of this case, I can be satisfied that what Ms. Meng has proposed by way of bail terms is sufficient to offset the risk of flight. Indeed, that is the sole question, given that counsel on behalf of the Requesting State is relying only on the primary ground of s. 515(10) and not on the secondary or tertiary grounds.

[37]        The fact is that Ms. Meng has proposed something quite different from what was proposed by Su Bin.

[38]        On these proceedings, two witnesses were called to testify about the security services they could provide to monitor Ms. Meng's compliance with the terms of any bail order that might be made.

[39]        Scot Filer is a former member of the RCMP. He retired from that force in 2007 after 30 years of service. He is now the Chief Executive Officer of Lions Gate Risk Management Group, a firm that he founded in 2008, which provides risk management and surveillance services. His proposal for the services his firm could provide is set out in a written document that has been marked as Exhibit 12 in these proceedings. He offers two options, with Option 2 being preferred because it offers the highest level of security.

[40]        As set out in Exhibit 12, Option 2 provides for continuous observation at any time when Ms. Meng would be outside of her residence, and it is described in this way:

Option Two: Minimally intrusive that allows for continuous observation

Resources required per eight-hour shift: One Security Driver, one Security Officer, one Security Vehicle, Technical devices.

This option consists of a security driver, a security officer, and a security vehicle. The advantages of this option are that while still being minimally intrusive and less overt, it still provides continuous observation of Ms. Meng while at the residence and out in the community. The driver remains with the vehicle at the pick up and drop off location, while the security officer accompanies Ms. Meng into whatever location she attends. The security officer remains in close proximity of Ms. Meng while still allowing her to conduct business and have private conversations. This option also utilizes secure software and hardware that tracks the movement of the operators while on duty. The device allows for constant two-way communications via secure text, and accurate GPS tracking. The device does not track Ms. Meng, which minimizes the intrusion of her Charter Rights. The device works in conjunction with a GPS tracking bracelet.

Option Two provides continuous monitoring of Ms. Meng while in residence due to the fact that there are two operators. One operator remains at the front of the residence with the security vehicle, and the second operator remains at the back of the residence depending on the layout.

[41]        I should add that this proposal has been modified, because Scot Filer testified that in this case there would be two security officers rather than one.

[42]        A map of the proposed travel restriction area has been marked as Exhibit 13, and includes most of Vancouver and Richmond, with the exception of the area around YVR Airport, and also parts of North and West Vancouver.

[43]        The other witness called was Stephen Tan, the founding partner and Director of Operations of Recovery Science Corporation, which can provide monitoring of a subject through the use of a GPS ankle bracelet that communicates tracking information to the company through the Rogers Communications network. Their proposal is outlined in a document that has been marked as Exhibit 14.

[44]        A summary of the bail conditions that have been proposed by counsel for Ms. Meng is set out in Exhibit 11 and reads as follows:

Proposed bail conditions:

The Applicant will enter a recognizance in the amount of 15 million dollars of which the sum of 1 million dollars will be deposited by way of cash or other form of cash like instruments satisfactory to the Registry of this Honourable Court, and 14 million dollars of which will be tendered by pledging two residences owned by Xiaozong Liu, who is the husband [of] the Applicant. The residences are located at 1603 Matthews Avenue, Vancouver, BC, V6J 2T1 and 4005 28th Avenue West, Vancouver, V65 1S7.

And that the Applicant:

1.         Report to a bail supervisor at the Vancouver West Community Corrections Office at 202 ‑ 1855 Burrard Street, Vancouver, British Columbia within 48 hours of her release and thereafter weekly, or as otherwise directed by a bail supervisor:

2.         Remain in British Columbia;

3.         Keep the peace and be of good behaviour;

4.         Reside at 4005 28 Avenue West, Vancouver British Columbia, and not change her address without prior approval of the court;

5.         Be in her place of residence between the hours of 11:00 pm and 6:00 am unless she has prior written permission of her bail supervisor or the court to be absent or in the event of a medical emergency;

6.         To surrender any and all passports and travel documents in her name to the Royal Canadian Mounted Police forthwith and agree not to apply for any passport or travel document anywhere in the world;

7.         Arrange for a surety in the amount of $1,000.00 be provided for by Lions Gate Risk Management Group ("Lions Gate"), which has as its address for business #334, 5148 - 48th Avenue, in the City of Delta, Province of British Columbia, together with a signatory as surety by Scot Filer, Chief Executive Officer, with said firm who will on a 24-hour per day basis ensure that all conditions of the Applicant's judicial interim release are complied with;

8.         Shall comply with the directions of Lions Gate employees, including by allowing them access onto and into the residence as required, and by allowing Lions Gate's use of secure tracking software and hardware to facilitate situational awareness of the Applicant's movement both at the residence and while in the community. Lions Gate employees will accompany the Applicant when she leaves the residence;

9.         Shall be subject to GPS monitoring by Recovery Services Corporation ("RSC"). This will include: a) entering into RSC's participant agreement and complying with its terms, b) wearing a GPS ankle bracelet at all times, c) permitting RSC to install supplementary equipment and to inspect, replace and maintain equipment as it deems necessary, d) complying with RSC leave notification and battery charging requirements. e) cooperating fully with RSC staff, and f) installing ankle bracelet prior to leaving the facility where the Applicant is detained;

10.       At all times, while not at the residence, carry a copy of the recognizance and present it to police officers upon request;

11.       Surrender herself into custody if so required by the Supreme Court of British Columbia;

12.       Consent to the attendance of a Royal Canadian Mounted Police officer or any other peace officer without notice to her premises to determine whether or not she is in compliance with her conditions of release.

[45]        In addition, counsel for Ms. Meng said that she would agree to pay all the costs and expenses of the services provided by Lions Gate and Recovery Services.

[46]        During submissions, I raised the issue of Xiaozong Liu's immigration status in Canada, and whether that posed an impediment to him acting as a surety. I have been informed that he is currently in Canada on a visitor's visa which will expire in six months, but could very likely be renewed.

[47]        There appears to be some uncertainty over the ability of a non‑resident to act as a surety. In Ewaschuk, Criminal Pleadings and Practice in Canada, the authors state at paragraph 6:1120(h) that:

The following are not acceptable as sureties . . . a non‑resident of the province.

[48]        R. v. Martin No. 2 (1980), 1980 CanLII 2963 (ON CA), 57 C.C.C. (2d) 31 (Ont. C.A.) is cited as authority. Upon reading that case, however, it does not appear to be authority for that proposition, but rather for the different point that a surety must have property within the province. In the present case, of course, Mr. Liu does have property within British Columbia.

[49]        Counsel referred me to the decision of the Ontario Court of Appeal in R. v. Wilson, 2017 ONCA 229 (CanLII), where we are told at para. 10 that Mr. Wilson had been released on extradition bail with a number of sureties, one of whom was in Canada on a visitor's visa. The judge in that case wrote:

If Rosemary Wilson were being proposed as the sole surety in this matter, I would perhaps give more weight to the concerns raised by the respondent with respect to her suitability as a surety. However, pursuant to the plan of release, she is only one of four proposed sureties.

[50]        In British Columbia, we have the decision of Maisonville J. in United States v. Le, 2010 BCSC 1653 (CanLII), where, although this point was not directly in issue, the learned judge reproduced at para. 42 of her reasons a portion of the document used by our Court Registry in screening proposed sureties. The document contains a portion entitled "Important Information for Surety Applicants," which includes the following advice:

A surety must be a resident of British Columbia and at least 19 years old.

[51]        In light of this uncertainty over the suitability of Mr. Liu to act as a surety because of his status as a visitor to Canada, four more individuals have come forward as proposed sureties. Each has filed an affidavit attesting to the fact that they are residents of Vancouver who know Ms. Meng personally and are willing to act as sureties for her. Those affidavits have been marked as Exhibits 16 through 19 in these proceedings. The total amount that they are willing to pledge as security for her release is $3 million.

[52]        Counsel for Ms. Meng has told me that she and her husband could post $7.5 million as a cash deposit in lieu of the originally‑proposed $14 million pledge of their real property in Vancouver.

[53]        While no bail order can ever function as an absolute guarantee that a detainee will not abscond, I am satisfied that on the particular facts of this case, including the fact that Ms. Meng is a well‑educated businesswoman, who has no criminal record, and of whom several people have attested to her good character, the risk of her non‑attendance in court can be reduced to an acceptable level by imposing the bail conditions proposed by her counsel, with bail set at a total amount of $10 million, with a $7 million cash deposit, and with five or more sureties in an aggregate total amount of $3 million.
CONCLUSION

[54]        I order that Ms. Meng may be released from custody upon her entering into a recognizance in the amount of $10 million, including a cash deposit of $7 million and with five or more sureties in the total aggregate amount of $3 million, with one of those sureties being Scot Filer in the amount of $1,000, and the other sureties being acceptable to the Justice of the Peace, and upon the following conditions:

a)            You must keep the peace and be of good behaviour;

b)            You must report to a bail supervisor at the Vancouver West Community Corrections office at 202, 1855 Burrard Street, Vancouver, British Columbia, within 48 hours of your release and thereafter weekly or as otherwise directed by your bail supervisor;

c)            You must provide your bail supervisor with all telephone and cellular numbers which you regularly use and you must be able to be contacted by either telephone or cellular numbers to confirm compliance with the conditions of your release;

d)            You must remain in the Province of British Columbia;

e)            You must reside at 4005 28th Avenue West, Vancouver, British Columbia (the "Residence"), and not change that Residence without the prior written approval of the court;

f)            You must remain inside your Residence between the hours of 11:00 p.m. and 6:00 a.m., unless you have prior written permission of your bail supervisor or the court to be absent, or in the event of a medical emergency;

g)            You must remain within that portion of the geographical area of the Lower Mainland of Vancouver that is defined in the proposed travel restrictions that was marked as Exhibit 13;

h)            You must surrender any and all passports and travel documents in your name to the Royal Canadian Mounted Police forthwith and agree not to apply for any passport or travel document anywhere in the world;

i)            You must agree to have your surety, Scot Filer, and his company, Lions Gate Risk Management Group ("Lions Gate"), provide 24‑hour‑per‑day, seven‑days‑per‑week supervision and surveillance to ensure that all conditions of your judicial interim release are complied with;

j)              You must comply with the directions of Lions Gate employees, including by allowing them access onto and into the Residence as required and by allowing Lions Gate's use of secure tracking software and hardware to facilitate situational awareness of your movement, both at the Residence and while in the community, and to have Lions Gate employees accompany you whenever you leave the Residence;

k)            You must agree that whenever you leave the Residence, Lions Gate is authorized to take you into custody in the event that you breach any of your bail conditions, in accordance with their power at common law and pursuant to the relevant provisions of the Criminal Code of Canada, until such time that you can be transferred to the custody of the Royal Canadian Mounted Police or any other peace officer;  

l)              You must agree to be subject to GPS monitoring by Recovery Services Corporation ("RSC") which will include:

i.              entering into RSC's participant agreement and complying with its terms;

ii.            wearing a GPS ankle bracelet at all times;

iii.           permitting RSC to install supplementary equipment and to inspect, replace, and maintain equipment as it deems necessary;

iv.           complying with RSC leave notification and battery charging requirements;

v.            cooperating fully with RSC staff; and

vi.           installing the ankle bracelet prior to leaving the facility where you are detained;

m)         You must agree to pay for all the costs associated with the services of both Lions Gate and RSC in connection with this order;

n)            You must at all times while not at your Residence carry a copy of the recognizance and present it to police officers upon request;  

o)            You must consent to the attendance of a Royal Canadian Mounted Police officer or any other peace officer, without notice, to the Residence to determine whether or not you are in compliance with the conditions of your release;

p)            You must attend court as and when required and surrender yourself into custody if so required by the Supreme Court of British Columbia.

The Honourable Mr. Justice W.F. Ehrcke