Summary

36662

Gregory Logan v. Attorney General of Canada (On behalf of the Minister of Justice)

(New Brunswick) (Criminal) (By Leave)

Keywords

Canadian charter (Criminal) - Criminal law, Extradition, Double jeopardy.

Summary

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Canadian Charter of Rights and Freedoms – Criminal Law – Extradition – Judicial review of Minister’s surrender order – Double jeopardy – Whether the Court of Appeal erred in restricting their assessment of double jeopardy to an offence based analysis rather than considering the application of ss. 725(1)(c) and 725(2) of the Criminal Code, R.S.C., 1985, c. C-46, which codify a protection against double punishment – Whether the Court of Appeal erred in restricting their assessment of double jeopardy to an offence based analysis rather than considering the protection against double punishment manifested in s. 7 of the Charter.

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. Following the extradition proceedings, the Minister ordered Mr. Logan’s surrender to the United States.