Summary

36661

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

(New Brunswick) (Criminal) (By Leave)

Keywords

Criminal law - Extradition, Committal hearings, Powers of extradition judge, Abuse of process, Double jeopardy.

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.

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.