Gregory Logan, et al. v. Attorney General of Canada (On behalf of the United States of America), et al.

(New Brunswick) (Criminal) (By Leave)




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Criminal Law – Extradition – Committal hearings – Powers of extradition judge – Abuse of process – Double jeopardy – Whether the Court of Appeal erred in concluding that claims of double jeopardy are within the exclusive jurisdiction of the Minister of Justice – Extradition Act, S.C. 1999, c. 18, s. 29(1)

The applicant, Mr. Logan, engaged in cross-border smuggling of narwhal tusks from Canada to the United States and repatriated the proceeds of smuggling into Canada. He was charged in Canada and convicted of unlawfully exporting narwhal tusks to the United States in violation of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, S.C. 1992, c. 52 (WAPPRIITA). The United States requested his extradition on charges of conspiracy to launder monetary instruments and laundering monetary instruments. The Minister of Justice issued Authority to Proceed (ATP) to seek an order for Mr. Logan’s committal for extradition. According to Mr. Logan, he was unaware of the ATP when he pled guilty to the offence under the WAPPRIITA. He was sentenced to an eight-month conditional sentence of imprisonment and a $385,000 fine. At the plea and sentencing hearing, no mention was made of either the U.S. charges or of s. 725(1)(c) of the Criminal Code that permits a sentencing judge to consider any facts forming part of the circumstances of the offence that could constitute a basis for a separate charge.

Lower Court Rulings

July 22, 2014
Court of Queen’s Bench of New Brunswick

SJM/105/2013, 2014 NBQB 184
Committal order granted
October 1, 2015
Court of Appeal of New Brunswick

68-14-CA, 2015 NBCA 59, 97-14-CA, 2015 NBCA 60
Appeal of the committal order dismissed