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United Mexican States v. Ortega; United States of America v. Fiessel

2006 SCC 34 [2006] 2 SCR 120 Court SCC Decision date 2006-07-21 Docket 30998 English

PartiesAttorney General of Canada on behalf of the United Mexican States Respondent·Robert Shull, Terry Shull and Leonard Fiessel Appellants

Judges McLachlin, Beverley; Bastarache, Michel; Binnie, William Ian Corneil; LeBel, Louis; Deschamps, Marie; Fish, Morris J.; Abella, Rosalie Silberman; Charron, Louise; Rothstein, Marshall

Delivered by McLachlin C.J. (Bastarache, Binnie, LeBel, Deschamps, Fish, Abella, Charron and Rothstein JJ. concurring)

On appeal from British Columbia

Subjects Constitutional law

Contents

Reasons for Judgment — McLachlin C.J. (Bastarache, Binnie, LeBel, Deschamps, Fish, Abella, Charron and Rothstein JJ. concurring)

The Chief Justice — These appeals, together with the appeals by Ferras, Latty and Wright (United States of America v. Ferras; United States of America v. Latty, [2006] 2 S.C.R. 77, 2006 SCC 33 (the “Ferras appeals”)), released concurrently, raise the constitutionality of provisions of the Extradition Act , S.C. 1999, c. 18 , relating to the evidence that can be put before an extradition judge. For the reasons given in the Ferras appeals, I conclude that the challenged provisions are constitutional. However, I would allow the appeals and return the cases to the extradition judges for determination in accordance with the interpretation of the Act set out in those reasons.
It will be open to the United Mexican States and the United States of America to supplement the evidence by showing that the evidence is available for trial.
The constitutional questions are answered as follows:

Cases cited

Statutes and regulations cited