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Case information

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29065

Richard Wayne Gillingham, et al. v. The United States of America, et al.

(British Columbia) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2005-02-09 Close file on Leave
2004-11-19 Judgment on leave sent to the parties
2004-11-18 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA 025471 and CA 030718, dated April 28, 2004, is dismissed.
Dismissed
2004-10-04 All materials on application for leave submitted to the Judges, CJ Bi Cha
2004-07-28 Respondent's response on the application for leave to appeal, Completed on: 2004-07-28 The United States of America
2004-07-15 Letter acknowledging receipt of a complete application for leave to appeal
2004-06-28 Application for leave to appeal, Completed on: 2004-07-15 Richard Wayne Gillingham
2004-05-31 Notice of application for leave to appeal Richard Wayne Gillingham
2004-05-31 Reopen file
2002-10-24 Close file on Leave
2002-10-18 Judgment on leave sent to the parties
2002-10-17 Judgment of the Court on the application for leave to appeal, In view of the decisions in United States of America v. Kwok, 2001 1 S.C.R. 532, 2001 SCC 18 and United States of America v. Cobb, 2001 1 S.C.R. 587, 2001 SCC 19, the case is remanded to the British Columbia Court of Appeal to be decided having regard to the reasons in the said decisions including a consideration of the Applicant's Charter rights.
Remand, no order as to costs
2002-08-12 All materials on application for leave submitted to the Judges, G Ma LeB
2002-08-12 Submission of motion to extend time to file and/ or serve the leave application, G Ma LeB
2002-03-14 Response to the motion to extend the time to file and / or serve the leave application, (included in response on leave application)), Completed on: 2002-03-14 The United States of America
2002-03-14 Respondent's response on the application for leave to appeal, Completed on: 2002-03-14 The United States of America
2002-03-11 Correspondence received from, (letter sent by fax - no publication ban) Richard Wayne Gillingham
2002-03-11 Letter acknowledging receipt of a complete application for leave to appeal
2002-02-12 Motion to extend the time to file and or serve the application for leave to appeal, (included in Application for leave), Completed on: 2002-02-12 Richard Wayne Gillingham
2002-02-12 Application for leave to appeal, Completed on: 2002-03-07 Richard Wayne Gillingham

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

Main parties - Appellants
Name Role Status
Gillingham, Richard Wayne Applicant Active

v.

Main parties - Respondents
Name Role Status
The United States of America Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Gillingham, Richard Wayne Applicant Active

v.

Sub parties (1) - Respondents
Name Role Status
Minister of Justice for Canada Respondent Active

Counsel

Party: Gillingham, Richard Wayne

Counsel
Roger P. Thirkell
Thirkell & Company
2459 Pauline Street
Abbotsford, British Columbia
V2S 3S1
Telephone: (604) 855-9942
FAX: (604) 855-3413
Email: tnclaw@dowco.com
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: The United States of America

Counsel
Kenneth J. Yule, Q.C.
Attorney General of Canada
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0213
FAX: (604) 666-2760
Email: kenneth.yule@justice.gc.ca
Agent
Robert J. Frater
Attorney General of Canada
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca

Party: Minister of Justice for Canada

Counsel
Kenneth J. Yule, Q.C.
Attorney General of Canada
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0213
FAX: (604) 666-2760
Email: kenneth.yule@justice.gc.ca
Agent
Robert J. Frater
Attorney General of Canada
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca

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.

None.

Lower court rulings

December 29, 1998
Supreme Court of British Columbia

CC980695

Applicant committed for extradition

November 7, 2000
Court of Appeal for British Columbia (Vancouver)

CA025471, CA030718

Appeal from committal dismissed; Judicial review of surrender order allowed in part; Minister ordered to reconsider surrender order

April 28, 2004
Court of Appeal for British Columbia (Vancouver)

CA 025471, CA 030718

Remanded appeal from committal order dismissed; judicial review of Minister's confirmation of surrender order 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.

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

Factums on appeal

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

Webcasts

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Date modified: 2025-02-27