Case information
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32209
Kunlun Zhang v. Attorney General of Canada
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2008-05-20 | Close file on Leave | |
| 2008-05-20 | Certificate of taxation issued to, Christopher M. Rupar | |
| 2008-05-15 | Decision on the bill of costs, in the amount of $2,354.20, Reg | |
| 2008-05-14 | Submission of the bill of costs, Reg | |
| 2008-03-12 | Bill of costs, Completed on: 2008-03-12 | Attorney General of Canada |
| 2008-03-10 | Response to the bill of costs, Completed on: 2008-03-10 | Kunlun Zhang |
| 2008-02-08 | Correspondence (sent by the Court) to, (Letter Form), Mr. Matas and all parties dated Feb-08-08 re: copy of judgment sent | |
| 2008-02-07 |
Decision on motion to extend time to file and /or serve the leave application, The application for an extension of time to apply for leave to appeal from the judgment of the Federal Court of Appeal, Number A-135-06, 2007 FCA 201, dated May 25, 2007, is dismissed with costs. Dismissed, with costs |
|
| 2007-11-26 | All materials on application for leave submitted to the Judges, CJ F Ro | |
| 2007-11-26 | Submission of motion to extend time to file and/ or serve the leave application, CJ F Ro | |
| 2007-10-09 | Reply to the motion to extend time to file and/ or serve the leave application, Included in the Reply, Completed on: 2007-10-09 | Kunlun Zhang |
| 2007-10-09 | Applicant's reply to respondent's argument, Completed on: 2007-10-09 | Kunlun Zhang |
| 2007-10-02 | Response to the motion to extend the time to file and / or serve the leave application, (included in response), Completed on: 2007-10-02 | Attorney General of Canada |
| 2007-10-02 | Respondent's response on the application for leave to appeal, Completed on: 2007-10-02 | Attorney General of Canada |
| 2007-09-06 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-09-06 | Court of Appeal casebooks and transcripts of evidence | |
| 2007-09-05 | Motion to extend the time to file and or serve the application for leave to appeal, included in leave, Completed on: 2007-09-05 | Kunlun Zhang |
| 2007-09-05 | Application for leave to appeal, ext. of time included, See FC Trial Judgments and Reasons at p.5 to 22 in Appeal Book, Completed on: 2007-09-05 | Kunlun Zhang |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Zhang, Kunlun | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Zhang, Kunlun
Counsel
Suite 602
Winnipeg, Manitoba
R3C 1T7
Telephone: (204) 944-1831
FAX: (204) 942-1494
Email: dmatas@mts.net
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Attorney General of Canada
Counsel
301-310 Broadway Avenue
Winnipeg, Manitoba
R3C 0S6
Telephone: (204) 984-5546
FAX: (204) 984-6488
Agent
234, rue Wellington
Pièce 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Canadian Charter - Criminal - Criminal law - Private prosecution - Allegations of torture in China by person with dual Chinese-Canadian citizenship - Attorney General refusing consent for private prosecution of individuals in China for alleged torture occurring in China - Whether flagrant impropriety appropriate standard of review - Whether s. 7 Charter guarantees as to life, liberty and security of the person violated - Whether s. 15(1) Charter equality guarantees violated.
Professor Zhang holds both Chinese and Canadian citizenship and is a practitioner of Falun Gong. He travelled from Canada to China using his Chinese passport and alleges that, while in China, he was arrested on four occasions because of his Falun Gong beliefs and practices and was subjected to physical and mental torture during his detention. Professor Zhang requested the consent of the Attorney General of Canada, pursuant to s. 7(7) of the Criminal Code, R.S.C. 1985, c. C-46, to launch a private prosecution in Canada against 22 non-Canadians for the alleged inflicted torture. This group included the former President of China. The acting Attorney General, Anne McLellan, refused to give consent: the Attorney General, Irwin Cotler, had recused himself from considering the request.
Lower court rulings
Federal Court of Canada, Trial Division
T-769-05, 2006 FC 276
Application for judicial review dismissed
Federal Court of Appeal
A-135-06, 2007 FCA 201
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available