Canlii (Supreme Court of Canada) Constitutional law — Charter of Rights — Mobility rights — Right to remain in Canada – Extradition – Whether mobility rights engaged at committal stage of extradition process — Canadian Charter of Rights and Freedoms, s. 6(1).
Constitutional law — Charter of Rights — Fundamental justice — Extradition — Whether considerations relating to fundamental justice engaged at committal stage of extradition process — Canadian Charter of Rights and Freedoms, s. 7.
Extradition — Extradition process — Scope of Charter jurisdiction of extradition judge at committal stage — Whether mobility rights and considerations of fundamental justice engaged at committal stage of extradition process — Whether extradition judge competent to grant Charter remedies — Canadian Charter of Rights and Freedoms, ss. 6, 7, 24 — Extradition Act, R.S.C. 1985, c. E-23, s. 9(3).
Extradition — Extradition process — Remedies — Charter jurisdiction — Abuse of process — Role of appellate courts.
Extradition — Evidence — Fresh evidence — Fugitive seeking to adduce fresh evidence in Court of Appeal — Evidence including threats uttered by U.S. prosecutor — Whether Court of Appeal erred in dismissing fugitive’s motion to adduce fresh evidence — Whether fresh evidence revealed abuse of process — If so, whether stay of proceedings should be granted.
Extradition — Evidence — Admissibility — Affidavit evidence referring to fugitive’s allegedly unlawful activities provided by alleged co-conspirators — Alleged co-conspirators awaiting sentence when affidavit material prepared and sworn — Fugitive claiming that co-conspirators’ evidence infringed principles of fundamental justice and constituted abuse of process — Whether extradition judge and Court of Appeal correct in refusing to exclude affidavit evidence — Canadian Charter of Rights and Freedoms, ss. 7, 24.
Judges:
McLachlin C.J. and Gonthier, Iacobucci, Major, Bastarache, Binnie and Arbour JJ
Citations:
2001 SCC 21, [2001] 1 SCR 616, (2001) 197 DLR (4th) 69, (2001) 152 CCC (3d) 294, (2001) 81 CRR (2d) 245, (2001) 41 CR (5th) 100, (2001) 145 OAC 201
Links:
Jurisdiction:
Canada
Cited by:
Cited – McKinnon v The United States of America and Anotherr HL 30-Jul-2008
The appellant sought to avoid extradition to the US. He had hacked into 97 US government computers. He argued that the punishment he might expect in the US was completely disproportionate to the offence, and that he had been misled into entering . .
Lists of cited by and citing cases may be incomplete.
Extradition
Updated: 30 November 2022; Ref: scu.272793