Case information
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21845
Boniface Robert Idziak v. Minister of Justice, The Honourable Kim Campbell, et al.
(Ontario) (Criminal) (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) |
|---|---|---|
| 1994-07-15 | Appeal closed | |
| 1994-07-15 | Correspondence (sent by the Court) to, sent to Ontario Court of Justice (Toronto, ON) enclosing their record (2 boxes) | |
| 1993-07-27 | Correspondence (sent by the Court) to, sent to Ministry of the Attorney General, Court House (Sault Ste. Marie, ON) enclosing their record | |
| 1993-07-23 | Correspondence (sent by the Court) to, Sent to Court of Appeal of Ontario, enclosing their record | |
| 1993-03-19 | Copy of formal judgment being prepared, Deputy Attorney General of Canada (Ottawa, ON) | |
| 1993-03-19 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1992-12-18 | Decision on the motion for a re-hearing of the appeal | |
| 1992-12-16 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1992-12-16 | Copy of formal judgment being prepared, The Deputy Attorney General of Canada (Ottawa,ON) | |
| 1992-12-16 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1992-12-14 | Correspondence (sent by the Court) to, of Henry S. Brown requesting to foward a copy of a judgment in "Such et al v. Minister of Forestry et al" (10 copies of the judgment) (distributed to CJ, LaF, L'HD, So, Co, McL, I, on December 16, 92) | |
| 1992-12-09 | Response to the motion for a re-hearing of the appeal, 10 copies (distributed to CJ, LaF, L'HD, So, Co, McL, I, December 10, 1992), with service | Minister of Justice, The Honourable Kim Campbell |
| 1992-12-08 | Correspondence (sent by the Court) to, of Henry S. Brown dated today along with the BAIL ORDER AND ENDORSEMENT | |
| 1992-12-04 | General proceeding, 10 copies of MATERIAL...SUBSEQUENT TO THE HEARING OF THE APPEAL... (distributed to CJ, LaF, L'HD, So, Co, McL, I, 1992/12/04) | Boniface Robert Idziak |
| 1992-12-04 | All material on motion for a re-hearing of the appeal submitted to Justices | |
| 1992-12-03 | Correspondence (sent by the Court) to, (by fax) of Henry S. Brown dated Dec. 3, 1992 re abandonment of the application for a stay in this Court. (Distributed to CJ, LaF, L'HD, So, Co, McL, I, December 8, 92) | |
| 1992-12-01 | Motion for a re-hearing of the appeal, 10 copies, with service | Boniface Robert Idziak |
| 1992-12-01 | Discontinuance of motion for a stay, With service | Boniface Robert Idziak |
| 1992-11-26 |
Decision on the motion for a stay of execution, in light of the undertaking by the respondent not to execute the warrant to surrender as far as the extradition of the appellant is concerned, that part of the motion requesting the release of the applicant on the same terms and conditions set by the Ontario Court of Appeal is deferred to the panel of this Court which will decide the motion for a re-hearing which according to the appellant will be filed on Tuesday, December 1, 1992. Traversed, no order as to costs |
|
| 1992-11-26 |
Hearing of motion for a stay of execution, 1992-11-26 Adjourned |
|
| 1992-11-26 |
Submission of motion for a stay of execution, 1992-11-26 Adjourned |
|
| 1992-11-25 | Other documents on motion for a stay of execution, AFFFIDAVIT of Eduard G. Van Bemmel | |
| 1992-11-25 | Motion for a stay of execution, RETURNABLE 1992/11/26 | Boniface Robert Idziak |
| 1992-11-23 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1992-11-23 | Notice of deposit of judgment sent to all parties, The Deputy Attorney General of Canada (Ottawa,ON) | |
| 1992-11-19 |
Judgment on the appeal rendered, CJ LaF L'HD So Co McL Ia, The appeal is dismissed. Dismissed, no order as to costs |
|
| 1992-11-19 | Correspondence (sent by the Court) to, from Gowling; re: that judgment be postponed | |
| 1992-06-30 | Correspondence (sent by the Court) to, (by fax) from Justice addressed to Gowling; re: cross-examination of the Affidavit of Michel Vien | |
| 1992-06-15 | General proceeding, transcripts received and distributed to the justices (103 pages) | |
| 1992-06-15 | General proceeding, to note copy of Affidavit of Mr. Michel Vien distributed to the Justices. | |
| 1992-06-12 | Affidavit, of Michel Vien 10 copies (see correspondence of D.D. Graham Reynolds of 1992/05/26), with service | Minister of Justice, The Honourable Kim Campbell |
| 1992-06-05 | General proceeding, WEEKLY COURT RECORD 1 box | Boniface Robert Idziak |
| 1992-06-01 | General proceeding, to note copy of letter dated May 29, 1992 from J.E. Thompson and memorandum of Michel Vien distributed to the Justices. | |
| 1992-05-26 | Correspondence (sent by the Court) to, of D.D. Graham Reynolds advising that the potential affiant for the respondent Mr. Michel Vien (re granting leave to produce further evidence) is currently away from Canada and is expected to return on June 3rd next. Accordingly, we will not be able to ta | |
| 1992-05-25 |
Hearing of the appeal, 1992-05-25, CJ LaF L'HD So Co McL Ia Decision reserved |
|
| 1992-05-23 | Appeal hearing | |
| 1992-05-23 |
Appeal hearing scheduled, 1992-05-25 Decision reserved |
|
| 1992-05-22 | Book of authorities, 10 copies of vol. I and II (Joint) | Boniface Robert Idziak |
| 1992-05-22 | Correspondence (sent by the Court) to, (by fax) from D.D. Graham Reynolds; re: he estimates to be less than 1 hour at the hearing May 25/92 | |
| 1992-05-21 | Case on appeal, SUPPLEMENTARY 24 copies | Boniface Robert Idziak |
| 1992-05-20 | Appeal perfected for hearing, Session beginning on 1992-04-27 | |
| 1992-05-20 | Correspondence (sent by the Court) to, from C. Alain sent to Ms. Beatrice Calendino (Tor,ON) assuring her that material received May 15, 1992 will be returned to her promptly once a final determination has been made by this Court. | |
| 1992-05-19 | Trial court record, (accordeon) | |
| 1992-05-15 | Respondent's factum, 21 copies, with service | Minister of Justice, The Honourable Kim Campbell |
| 1992-05-12 | Trial court record, (1 box) | |
| 1992-05-01 | Appellant's factum, 24 copies, with service | Boniface Robert Idziak |
| 1992-05-01 | Appeal court record, 1 accordion file (1 copy of C/A books vol. I & II) | |
| 1992-04-29 | Certified casebook, vol. I & II, with service | Boniface Robert Idziak |
| 1992-04-24 | Case on appeal, 24 copies of vols. 1 to 2 | Boniface Robert Idziak |
| 1992-04-23 | Notice of appeal, With service | Boniface Robert Idziak |
| 1992-04-23 | Order on motion to dismiss the appeal for want of prosecution, Motion is adjourned (sine die ), with service | |
| 1992-04-23 | Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service | |
| 1992-04-23 | General proceeding, NOTICE OF APPEAL pursuant to leave granted January 25, 1991, with service | Boniface Robert Idziak |
| 1992-03-16 | General proceeding, transcripts of motion of March 2, 1992 received (16 pages) | |
| 1992-03-02 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, on condition that it is ready to proceed by May/25/1992, unless an extension of such date is granted by a Judge of this Court., CJ So Co McL Ia Granted, no order as to costs |
|
| 1992-03-02 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1992-03-02, on condition that it is ready to proceed by May/25/1992, unless an extension of such date is granted by a Judge of this Court., CJ So Co McL Ia | |
| 1992-03-02 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1992-03-02, on condition that it is ready to proceed by May/25/1992, unless an extension of such date is granted by a Judge of this Court., CJ So Co McL Ia | |
| 1992-03-02 |
Decision on motion to dismiss the appeal for want of prosecution Traversed, no order as to costs |
|
| 1992-03-02 |
Hearing of motion to dismiss the appeal for want of prosecution submitted, 1992-03-02 Adjourned |
|
| 1992-03-02 |
Submission of motion to dismiss the appeal for want of prosecution, 1992-03-02 Adjourned |
|
| 1992-03-02 | Appeal perfected for hearing, Session beginning on 1992-04-27 | |
| 1992-02-27 | Affidavit, of Eduard J. Van Bemmel, with service | Boniface Robert Idziak |
| 1992-02-27 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | Boniface Robert Idziak |
| 1992-02-27 | Order granting leave to appeal, With service | |
| 1992-02-11 | Correspondence (sent by the Court) to, from A. Roland sent by Purolator to Mr. Robert E. Pritchard (Re: Required to appear before the Court on Monday Feb 3, 1992 at 10:00 a.m. to show cause why appeal should not be quashed), bill # 886 763 143. Received by M. Paquette on 12 Feb 92 at 10:09. | |
| 1992-02-11 | Correspondence (sent by the Court) to, from C. Alain sent by Purolator to Mr. Robert E. Pritchard (Sault Ste Marie,ON) advising him that the show cause hearing has been re-scheduled and will be heard on Monday March 2, 1992 at 9:30 a.m. c.c. Mr. S.R. Fainstein, Q.C. | |
| 1992-02-11 | Correspondence (sent by the Court) to, from C. Alain sent by Purolator to Mr. Robert E. ] Pritchard (Sault-Ste-Marie,ON) advising him that the show cause hearing has been re-scheduled and will be heard on Monday March 2, 1992 at 9:30 a.m. c.c. Mr. S.F. Fainstein, Q.C. | |
| 1992-02-07 | General proceeding, to note envelope sent by Purolator to Mr. Robert Pritchard (Sault Saint Marie, ONT.) on Jan\22\1992 bill #466 467 446. Received by Paquette on Jan\23\ 1992 at 10:39. Unitel Report states the message was read to J.P. Feb\01\1992, at 22:08. Telepost confirm | |
| 1992-02-07 | General proceeding, to note envelope sent by Purolator to Mr. S. R. Fainstein c/o Dept. of Justice on Jan\22\1992, bill #466 467 453. Received by Mr. Aubut Jan\23\92 at 8:39. Unitel Report states message read to J.P. Feb\01\1992 at 22:08. Copy forwarded by mail. Telepost con | |
| 1992-01-31 | Correspondence (sent by the Court) to, (by fax) of Benjamin F. Pritchard advising that he is hospitalized and will not appear for the show cause hearing on Monday Feb\03\1992 | |
| 1992-01-31 | General proceeding, to note the Show Cause hearing has been removed from the list of Feb\03\1992, and will be March 2, 1992. | |
| 1992-01-30 | General proceeding, (To Note) copy of a Notice of Motion, returnable Monday, Feb\03\1992 to dismiss the above appeal for want of prosecution sent up to Justices, Lamer Sopinka, Cory, McLachlin, Iacobucci. | |
| 1992-01-29 | Motion to dismiss the appeal for want of prosecution | Minister of Justice, The Honourable Kim Campbell |
| 1992-01-29 | Affidavit, of Lorraine Pace, with service | Minister of Justice, The Honourable Kim Campbell |
| 1992-01-22 | Correspondence (sent by the Court) to, from A. Roland sent by Purolator to Mr. S.R. Fainstein, Q.C. c/o Dept. of Justice (Ottawa,ON) (Re: Copy of show cause letter sent to Mr. Robert E. Pritchard), Bill # 571 367 663. Received by R. Comau at 8:43 a.m. | |
| 1992-01-22 | Correspondence received from, sent to Mr. Robert E. Pritchard from Mrs A. Roland re: You are advised to appear before the Court on Monday, Feb 3, 1992 at 10 a.m. | |
| 1991-02-25 | Correspondence received from, from C. Alain sent to Mr. Pritchard (Sault Ste. Marie,ON) confirming that the Court granted leave to appeal on the first ground. Copy of formal pronouncement enclosed. | |
| 1991-02-18 | Correspondence received from, from Robert E. Pritchard (Sault Ste. Marie,ON) Re: Requesting copy of Court's decision on the Application for leave. | |
| 1991-01-25 | Close file on Leave | |
| 1991-01-25 | Notice of deposit of judgment issued to all parties, Peterson & Peterson (Sault Ste. Marie,ON) | |
| 1991-01-25 | Notice of deposit of judgment issued to all parties, D.D. Graham Reynolds C/O Dept. of Justice (Ott,ON) | |
| 1991-01-25 |
Judgment of the Court on the application for leave to appeal, CJ So McL, The application for leave to appeal is granted on the first ground only. Granted, no order as to costs |
|
| 1991-01-25 | Hearing of the application for leave to appeal, 1991-01-25, CJ So McL | |
| 1991-01-25 | All materials on application for leave submitted to the Judges, 1991-01-25, CJ So McL | |
| 1990-10-10 | All materials on application for leave submitted to the Judges, W So McL | |
| 1990-09-20 | Discontinuance of motion for a stay, (letter dated Sep/17/90.) | Boniface Robert Idziak |
| 1990-08-31 | Response to the motion to extend the time to file and / or serve the leave application | Minister of Justice, The Honourable Kim Campbell |
| 1990-08-28 | Service, copy of respondent's memorandum | |
| 1990-08-27 | Affidavit, 10 copies, with service | Boniface Robert Idziak |
| 1990-08-27 | Motion to extend the time to file and or serve the application for leave to appeal, 10 copies, with service | Boniface Robert Idziak |
| 1990-08-27 | Correspondence received from, from Robert E. Pritchard confirming that he will be acting as sollicitor for the applicant | Boniface Robert Idziak |
| 1990-08-16 | General proceeding, (letter) to advise the Court that the Minister of Justice CONSENTS TO AN ORDER STAYING the execution of the surrender of the applicant to American auth orithies (see paragraph 17 of resp. memo) | Minister of Justice, The Honourable Kim Campbell |
| 1990-08-16 | Correspondence received from, photocopy of the letter sent to Mr. S.R. Feinstein Q.C. | Boniface Robert Idziak |
| 1990-08-16 | Respondent's response on the application for leave to appeal, 10 copies | Minister of Justice, The Honourable Kim Campbell |
| 1990-07-05 | Correspondence received from, sent to Mr. Idziak (Sault Ste. Marie,ON) assuring Mr. Idziak that Justice Sopinka received his letter and the fact that Legal Aid has been denied | |
| 1990-06-27 | Correspondence received from, sent to Mr. Idziak (Sault Ste. Marie,ON) advising him that he is beyond the sixty day limit to file a leave application therefore it is necessary that he include in his application an extension of time | |
| 1990-06-26 | Discontinuance of motion to dismiss the application for leave to appeal for delay, letter from B. Laprade | Minister of Justice, The Honourable Kim Campbell |
| 1990-06-25 | Motion for a stay of execution, 5 copies, with service | Boniface Robert Idziak |
| 1990-06-25 | Application for leave to appeal, 10copies (extension of time needed), with service, Completed on: 1990-06-25 | Boniface Robert Idziak |
| 1990-06-19 | Affidavit, of Spencer Ronald Fainstein, with service | Minister of Justice, The Honourable Kim Campbell |
| 1990-06-19 | Motion to dismiss the application for leave to appeal for delay, With service | Minister of Justice, The Honourable Kim Campbell |
| 1990-05-23 | Correspondence received from, sent to Mr. Idziak (Sault Ste. Marie,ON) advising him of the procedure to follow when filing a leave application in order that it may be referred to the Court for determination. | |
| 1990-05-08 | Correspondence received from, sent to Mr. Idziak (Sault Ste. Marie,ON) requesting that he advise the Court how he will be proceeding with his application. | |
| 1990-05-03 | Correspondence received from, from Peterson & Peterson re: that they are not solicitors of the applicant | |
| 1990-03-29 | $30.00 filing fee, receipt #16834 | Boniface Robert Idziak |
| 1990-03-07 | Correspondence received from, sent to Peterson & Peterson (Sault Ste. Marie,ON) advising solicitor that a $30.00 fee must be paid in order to commence a proceeding at the Court. | |
| 1990-03-02 | Motion for a stay of execution | Boniface Robert Idziak |
| 1990-03-02 | Notice of application for leave to appeal | Boniface Robert Idziak |
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 |
|---|---|---|
| Idziak, Boniface Robert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Justice, The Honourable Kim Campbell | Respondent | Active |
| Superintendent of the Sault Ste. Marie Jail, Jude Lake | Respondent | Active |
Counsel
Party: Idziak, Boniface Robert
Counsel
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Minister of Justice, The Honourable Kim Campbell
Counsel
J.E. Thompson
D.D. Graham Reynolds
Department of Justice
284 Wellington St, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 957-8412
Party: Superintendent of the Sault Ste. Marie Jail, Jude Lake
This party is not represented by counsel.
Summary
Keywords
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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.
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Lower court rulings
District Court of Ontario
Not available
Committal to jail to await surrender
Supreme Court of Ontario
Not available
Application dismissed; Extradition upheld
Court of Appeal for Ontario
Not available
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
Not available
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
Not available
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
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