In India v Badesha, 2017 SCC 44 [Badesha] the Supreme Court of Canada (“the Court”) weighed in on the extradition of two Canadian citizens charged in India for conspiracy to commit murder in an alleged honour-killing. The Court’s decision provides a useful overview of extradition law in Canada and the factors the Minister of Justice […]
The Government of Canada is acutely aware of the cost of litigation. Those costs, along with the policy and legal implications of litigation, are now the subject matter of a new Cabinet Committee on Litigation Management, chaired by Minister Dominic LeBlanc. This committee will advise federal Justice Minister Jody Wilson-Raybould, who recently suggested in a […]
In MM v United States of America, 2015 SCC 62 [MM], both the public and the Bench were sharply divided on whether to extradite a mother, MM. The U.S. sought extradition of MM to face child abduction charges in the state of Georgia. MM’s numerous supporters see her as a mother that came to her children’s […]
Background Back in March 2012, TheCourt.ca highlighted an interesting case being heard by the Ontario Court of Appeal (“ONCA”). The decision in United States v Leonard, 2012 ONCA 622 [Leonard] was released on September 21, 2012. It is significant in its application of the R v Gladue, [1999] 1 SCR 688 [Gladue] principles to situations involving Aboriginal defendants outside of sentencing. […]
Obama 0, US Supreme Court 2: Supreme Court Refuses to Revisit Citizens United Decision For political and legal enthusiasts in the United States, this was a real behemoth of a week. The Supreme Court of the United States started it off with a bang – or, really, three bangs. It released three decisions on Monday, […]
The Court Won’t Hear Court versus Church Earlier this week, the Supreme Court of Canada ("SCC") refused to hear the case of Hart v. Roman Catholic Episcopal Corporation of the Diocese of Kingston, in Canada 2011 ONCA 728 [Hart]. While the church and the issue may be different, this case can be placed alongside Bentley v. […]
A cutting-edge argument is before the Federal Court courtesy of lawyer Lorne Waldman. The facts stem from the high-profile case of Canadian citizen Bashir Makhtal. Makhtal has been held in an Ethiopian jail since he was sent there from Kenya in 2006. Makhtal faces a life-sentence in a process human rights organizations assert his rights […]
A unique argument is before the Ontario Court of Appeal (OCA) regarding the case of an Ontario Aboriginal facing extradition and criminal charges in Minnesota, United States. The case has advocates arguing the Canadian government’s unique obligation towards the Aboriginal community, under s.718.2(e) of Canada’s Criminal Code, should prevent an extradition where the accused faces […]
As earlier reported in TheCourt.ca's Amici Curiae, infamous alleged war criminal Léon Mugesera was extradited back to Rwanda and charged with genocide planning, genocide incitement, and distribution of arms earlier this year. This was not, however, before Mr. Mugesera made final attempts to throttle his deportation order from Canada before the Federal Court and the […]
What do you do when a foreign state knocks on your door requesting the extradition of individuals facing criminal charges back home? If Karlheinz Schreiber comes to mind, then your answer might be, "No sweat, send him packing." But the fact that Jószef Németh and his wife, Jószefne Németh, were Roma refugees living in Canada […]