Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
21990
In the matter of a reference Charles Chitat Ng v. Minister of Justice, et al.
(Alberta) (Criminal) (Reference)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1991-10-22 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-10-22 | Copy of formal judgment being prepared, Cogan & Cogan (Ottawa,ON) | |
| 1991-10-22 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON) | |
| 1991-10-22 | Copy of formal judgment being prepared, Douglas J.A. Rutherford, Q.C. c/o Dept. of Justice (Ottawa,ON) | |
| 1991-10-22 | Formal judgment sent to the registrar of the court of appeal and all parties, (Edmonton,AB) | |
| 1991-10-10 | Appeal closed | |
| 1991-10-08 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON) | |
| 1991-10-08 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-10-08 | Notice of deposit of judgment sent to all parties, Cogan & Cogan (Ottawa,ON) | |
| 1991-10-08 | Notice of deposit of judgment sent to all parties, Douglas J.A. Rutherford, Q.C. c/o Dept. of Justice (Ottawa,ON) | |
| 1991-09-26 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL, The Governor in Council, by Order in Council P.C. 1990-1082 dated June 7, 1990, in accordance with s. 53 of the Supreme Court Act, referred to this Court two questions. The questions and the Court's answers are: Question 1: Would the surrender by Canada of an extradition fugitive to the United States of America, to stand strial for wilful or deliberate murder for which the penalty upon conviction may be death, constitute a breach of the fugitive's rights guaranteed under the Canadian Charter of Rights and Freedoms? Answer: No. Lamer C.J. and Sopinka and Cory JJ., dissenting would answer yes. Question 2: Did the Minister of Justice, in deciding pursuant to Article 6 of the Extradition Treaty between Canada and the United States of America, to surrender the fugitive Charles Chitat Ng without seeking assurances from the United States of America that the death penalty would not be imposed on the said Charles Chitat Ng, or, if imposed, that it ould not be executed, commit any of the errors of law and jurisdiction alleged in the Statement of Claim filed in the Federal Court of Canada (Trial Division) by the said Charles Chitat Ng on October 30, 1989, having regard to the said Statement of Claim, the reasons given by the Minister of Justice for the said decision and to any other material which the Court, in its discretion, may receive and consider? Answer: No. Lamer C.J. and Sopinka and Cory JJ., dissenting would answer yes. The constitutional questions stated for the Court are answered as follows: Question 1: Is s. 25 of the Extradition Act, R.S.C., 1985, c. E-23, to the extend that it permits the Minister of Justice to roder the surrender of a fugitive for a crime for which the fugitive may be or has been sentenced to death in the foreign state without first obtaining assurances, from the foreign state that the death penalty will not be imposed, or, if imposed, will not be executed, inconsistent with ss. 7 or 12 of the Canadian Charter of Rights and Freedoms? Answer: No. Lamer C.J. and Sopinka J. would find that it is inconsistent with s. 7. Lamer C.J. and Cory J. would find that it is inconsistent with s. 12. Question 2: If the answer to question 1 is in the affirmative, is s. 25 of the Extradition Act, R.S.C. 1985, c. E-23, a reasonable limit of the rights of a fugitive within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms, and therefore not inconsistent with the Constitution Act, 1982? Answer: It is unnecessary to answer the second question. Lamer C.J. and Sopinka and Cory JJ. would answer no. Allowed, no order as to costs |
|
| 1991-06-28 | Correspondence (sent by the Court) to, from Don W. MacLeod; re: will be on holidays on June 21 to July 8; August 2 to August 11; and August 28 to September 2, inclusive | |
| 1991-03-11 | General proceeding, transcripts received and distributed to the justices (184 pages) | |
| 1991-02-21 |
Hearing of the appeal, 1991-02-21, CJ LaF L'HD So G Co McL Decision reserved |
|
| 1991-02-21 | Book of authorities, 10 copies of supplementary | State of California |
| 1991-02-20 | Book of authorities, 10 copies (joint with 21321) | Amnesty International |
| 1991-02-20 | Book of authorities, 10 copies of vols. 1 to 2 | State of California |
| 1991-02-19 | Book of authorities, 10 copies of vols. 1 to 3, with service | In the matter of a reference Charles Chitat Ng |
| 1991-02-18 | Intervener's factum, 22 copies, with service | Amnesty International |
| 1991-02-13 | Response to the motion for leave to intervene, of Amnesty International, Amnesty International, U.S.A. and Amnesty International-Canada (English- speaking) | In the matter of a reference Charles Chitat Ng |
| 1991-02-12 | Response to the motion for leave to intervene | In the matter of a reference Charles Chitat Ng |
| 1991-02-12 | Affidavit, for leave to intervene of Alice M. Miller | Amnesty International |
| 1991-02-12 | Motion to extend time, for leave to intervene | Amnesty International |
| 1991-02-12 | Affidavit | Amnesty International |
| 1991-02-12 | Motion for leave to intervene | Amnesty International |
| 1991-02-12 |
Decision on motion to extend time, for leave to intervene,, Co Granted, no order as to costs |
|
| 1991-02-12 | Hearing of motion to extend time, 1991-02-12, for leave to intervene,, Co | |
| 1991-02-12 | Submission of motion to extend time, 1991-02-12, for leave to intervene,, Co | |
| 1991-02-12 |
Decision on the motion for leave to intervene, With service, Co, and may file one factum in either Ng or Kindler limited to 20 pages. It may make oral argument in either Ng or Kindler limited to 10 minutes. It is understood that the factum and argument will be presented in the main appeal of Kindler vs. The Queen.(21321) Granted, no order as to costs |
|
| 1991-02-12 | Hearing of motion for leave to intervene, 1991-02-12, With service, Co | |
| 1991-02-12 | Submission of motion for leave to intervene, 1991-02-12, With service, Co | |
| 1991-02-11 | Book of authorities, 10 copies, with service | Minister of Justice |
| 1991-02-05 | Order on motion for leave to intervene, With service | |
| 1991-02-04 | Notice of withdrawal, With service | Attorney General for Ontario |
| 1991-01-30 | Intervener's factum, 31 copies, with service | State of California |
| 1991-01-21 | Respondent's factum, 31 copies, with service | Minister of Justice |
| 1991-01-18 |
Appeal hearing scheduled, 1991-02-21 Decision reserved |
|
| 1991-01-16 | Book of authorities, APPENDICES TO FACTUM OF THE FUGITIVE (21 copies), with service | In the matter of a reference Charles Chitat Ng |
| 1991-01-16 | Appellant's factum, FACTUM OF THE FUGITIVE (31 copies), with service | In the matter of a reference Charles Chitat Ng |
| 1991-01-10 | Notice of hearing, With service | In the matter of a reference Charles Chitat Ng |
| 1991-01-10 | Order on motion to file a lengthy factum, With service | |
| 1991-01-08 |
Decision on motion to file a lengthy factum, Co, " The factum must be revised to a maximum of 50 pages and filed by Jan/16/91, the respondent kindly undertake to file their factum by Jan/18/91 and the intervenor will file their factum in accordance with the provisions of the order permitting the State of California to intervene." Granted, no order as to costs |
|
| 1991-01-08 | Hearing of motion to file a lengthy factum, 1991-01-08, Co | |
| 1991-01-08 | Submission of motion to file a lengthy factum, 1991-01-08, Co | |
| 1991-01-04 | Appeal perfected for hearing, Session beginning on 1991-01-21 | |
| 1991-01-03 | Affidavit, (namely 86 pages) Don W. MacLeod, with service | Minister of Justice |
| 1991-01-03 | Motion to file a lengthy factum, (namely 86 pages), with service | Minister of Justice |
| 1990-12-18 |
Decision on the motion for leave to intervene, " The factum lenght should be flexible but limited to 30 pages. The time for oral argument should be limited to 20 minutes., Co Granted, no order as to costs |
|
| 1990-12-18 | Hearing of motion for leave to intervene, 1990-12-18, " The factum lenght should be flexible but limited to 30 pages. The time for oral argument should be limited to 20 minutes., Co | |
| 1990-12-18 | Submission of motion for leave to intervene, 1990-12-18, " The factum lenght should be flexible but limited to 30 pages. The time for oral argument should be limited to 20 minutes., Co | |
| 1990-12-13 | Affidavit, Ward A. Campbell, with service | State of California |
| 1990-12-13 | Motion for leave to intervene, With service | State of California |
| 1990-12-10 | Correspondence (sent by the Court) to, from Graham Garton, re: volume II of case on appeal and video tape (sealed) | |
| 1990-12-07 | Case on appeal, 31 copies of vols 1 to 9 (vol. 2 sealed), with service | In the matter of a reference Charles Chitat Ng |
| 1990-12-07 | Order on motion to directions, With service | |
| 1990-11-09 |
Decision on motion for directions, Co, a) Establishing contents of the case on appeal (see order on file). b) directing that the case on appeal be filed by Dec/07/90/. c) the factum of Ng (respondent) be filed by Jan/02/91. d) the factum of the Attorney General of Canada be filed by Jan/18/91/. e) that this reference be inscribed for hearing during the session starting Jan/21/91. f) that the documents or portions thereof listed in schedule "A" hereto which are marked with an asterisk (*) be and remain sealed pending any further order of the Court (see order on file). g) that the documents list in schedule "B" hereto may be included in the books of authorities (see order on file). Granted, no order as to costs |
|
| 1990-11-09 | Hearing of motion for directions, 1990-11-09, Co | |
| 1990-11-09 | Submission of motion for directions, 1990-11-09, Co | |
| 1990-11-09 | Hearing of motion for directions, a) Confirming on the fugitive, Charles Chitat Ng status as a party in this reference is granted. b) Permitting filing of a factum having a max. of 80 pages is adjouned c) Permitting two (2) hours of oral argument is dismissed. | |
| 1990-11-01 | Motion for directions, a) To confirm on the fugitive, Charles Chitat Ng as a party in this reference. b) to permit the filing of a factum of 80 pages. c) also to make oral submissions of 2 hours., with service | Minister of Justice |
| 1990-11-01 | Affidavit, of Bruce A. MacFarlane,, with service | In the matter of a reference Charles Chitat Ng |
| 1990-11-01 | Motion for directions, as to the contents of the case on appeal a) Establishing contents of the case on appea b) the case on appeal should be served and filed on or before Dec/07/90. c) respondent shall serve and file his factum with in one week of the date on which the case on | In the matter of a reference Charles Chitat Ng |
| 1990-09-07 | Notice of constitutional question(s), With service | In the matter of a reference Charles Chitat Ng |
| 1990-09-07 | Notice of intervention respecting a constitutional question, With service | Attorney General for Ontario |
| 1990-08-31 | Order on motion to state a constitutional question | |
| 1990-08-24 |
Decision on the motion to state a constitutional question, (For Constitutional Question(s) see file or Registrar's red book #7 @ p. 362. Interventions by Sep/28/90., Co Granted, no order as to costs |
|
| 1990-08-24 | Hearing of the motion to state a constitutional question, 1990-08-24, (For Constitutional Question(s) see file or Registrar's red book #7 @ p. 362. Interventions by Sep/28/90., Co | |
| 1990-08-24 | Submission of motion to state a constitutional question, 1990-08-24, (For Constitutional Question(s) see file or Registrar's red book #7 @ p. 362. Interventions by Sep/28/90., Co | |
| 1990-08-23 | Affidavit, of Lorraine Jones, with service | Minister of Justice |
| 1990-08-21 | Motion to state a constitutional question, and directing that the Reference be heard together with the appeal of Kindler v. Crosbie File No. 21321, with service | In the matter of a reference Charles Chitat Ng |
| 1990-06-18 | $30.00 filing fee, deducted from deposit account Dept. of Justice | In the matter of a reference Charles Chitat Ng |
| 1990-06-08 | Notice of appeal, by Order-in-Council P.C. 1990-1082 dated 7 June 1990 | In the matter of a reference Charles Chitat Ng |
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 |
|---|---|---|
| In the matter of a reference Charles Chitat Ng | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Justice | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| State of California | Intervener | Active |
| Amnesty International | Intervener | Active |
Counsel
Party: In the matter of a reference Charles Chitat Ng
Counsel
Don W. MacLeod
O'Brien Devlin Macleod
3110 - 421, 7TH AVE SW
CALGARY, Alberta
T2P 4K9
Telephone: (403) 265-5616
FAX: (403) 264-8146
3110 - 421, 7TH AVE SW
CALGARY, Alberta
T2P 4K9
Telephone: (403) 265-5616
FAX: (403) 264-8146
Agent
W.G. Burke-Robertson, Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Canada
Counsel
Douglas J.A. Rutherford, Q.C.
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4888
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4888
Party: Minister of Justice
Counsel
Douglas J.A. Rutherford, Q.C.
Graham Garton
Graham Garton
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4888
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4888
Party: State of California
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Amnesty International
Agent
Emilio S. Binavince
Cogan, J. Arthur, Law Office
400 - 102 Bank St
Ottawa, Ontario
K1P 5N4
Telephone: (613) 230-8000
FAX: (613) 237-4906
400 - 102 Bank St
Ottawa, Ontario
K1P 5N4
Telephone: (613) 230-8000
FAX: (613) 237-4906
Summary
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Summary
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Lower court rulings
November 29, 1988
Court of Queen’s Bench of Alberta
Not available
Court of Queen’s Bench of Alberta
Not available
Warrant of committal granted
May 2, 1989
Court of Appeal of Alberta (Edmonton)
Not available
Court of Appeal of Alberta (Edmonton)
Not available
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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.
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Factums on appeal
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Date modified: 2025-05-13