Case information
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31260
Victor Vito Rizzuto v. Minister of Justice of Canada
(Quebec) (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) |
|---|---|---|
| 2006-08-21 | Close file on Leave | |
| 2006-08-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-08-18 | Judgment on leave sent to the parties | |
| 2006-08-17 |
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 of Quebec (Montreal), Number 500-10-003056-056, dated November 29, 2005, is dismissed. Dismissed |
|
| 2006-02-06 | All materials on application for leave submitted to the Judges, De F Abe | |
| 2006-01-30 | Applicant's reply to respondent's argument, Completed on: 2006-01-30 | Victor Vito Rizzuto |
| 2006-01-20 | Respondent's response on the application for leave to appeal, Service missing (Rec'd Jan. 23/06 (Orig. rec'd Jan. 30/06))., Completed on: 2006-01-23 | Minister of Justice of Canada |
| 2006-01-03 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-12-22 | Application for leave to appeal, (Orig. Service rec'd Jan. 03/06), Completed on: 2005-11-29 | Victor Vito Rizzuto |
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 |
|---|---|---|
| Rizzuto, Victor Vito | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Justice of Canada | Respondent | Active |
Counsel
Party: Rizzuto, Victor Vito
Counsel
Pierre Morneau
Jean Salois
28, rue Notre-Dame Est
Bureau 301
Montréal, Quebec
H2Y 1B9
Telephone: (514) 843-7877
FAX: (514) 499-1889
Email: belleau@filteaubelleau.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Minister of Justice of Canada
Counsel
Michel F. Denis
Complexe Guy Favreau
200, boul. René Lévesque Ouest, 9e Étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 496-8115
FAX: (514) 283-3856
Email: ginette.gobeil@justice.gc.ca
Agent
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
None.
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 - Whether Minister of Justice is required to make decision on existence of reason to refuse to make surrender order or whether he has discretion to rely on requesting state to determine existence of reason - Whether, where person concerned brings up evidence of reason to refuse to make surrender order, Minister has absolute discretion to assess evidence or procedural fairness and, in this regard, whether rules of natural justice require Minister to meet certain standards of proof - Whether person concerned could raise issue of constitutional validity of ss. 32 and 33 of Extradition Act, S.C. 1999, c. 18, in Court of Appeal given judgment to be rendered in Ferras v. United States of America [Leave Application No. 30211].
The United States of America is requesting that Victor Rizzuto be extradited to stand trial for conspiracy to commit murder and for murders committed in the United States for a criminal organization. An arrest warrant was issued on January 15, 2004; on April 8, 2004, the extradition judge ordered Rizzuto's committal, and the Minister of Justice ordered his surrender. Rizzuto is challenging the committal and surrender decisions.
Lower court rulings
Superior Court of Quebec
Demande d'incarcération en vertu de l'article 29 de la Loi sur l'extradition accordée
Court of Appeal of Quebec (Montréal)
500-10-003056-056
demande de révision judiciaire rejetée
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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
Not available