Case information
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32126
Italo Magnifico v. United States of America, 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) |
|---|---|---|
| 2007-12-07 | Close file on Leave | |
| 2007-12-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-12-07 | Judgment on leave sent to the parties | |
| 2007-12-06 |
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 Ontario, Numbers C43776 and C45257, 2007 ONCA 535, dated July 20, 2007, is dismissed. Dismissed |
|
| 2007-11-05 | All materials on application for leave submitted to the Judges, CJ F Ro | |
| 2007-10-17 | Respondent's response on the application for leave to appeal, Completed on: 2007-10-17 | United States of America |
| 2007-09-18 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-09-18 | Application for leave to appeal, Rec'd complete Trial court reasons on October 31, 2007, Completed on: 2007-09-18 | Italo Magnifico |
| 2007-07-24 | Notice of application for leave to appeal, Completed on: 2007-07-24 | Italo Magnifico |
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 |
|---|---|---|
| Magnifico, Italo | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| United States of America | Respondent | Active |
| Minister of Justice | Respondent | Active |
Counsel
Party: Magnifico, Italo
Counsel
144 King Street East
Toronto, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994
Email: egreenspan@144king.com
Agent
130 Albert Street
Suite 1005
Ottawa, Ontario
K1P 5G4
Telephone: (613) 233-4529
FAX: (613) 822-5096
Party: United States of America
Counsel
3400 - 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6330
FAX: (416) 952-0298
Email: richard.kramer@justice.gc.ca
Agent
Bank of Canada Building
234 Wellington Street, Room 1161
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Party: Minister of Justice
Counsel
3400 - 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6330
FAX: (416) 952-0298
Email: richard.kramer@justice.gc.ca
Agent
Bank of Canada Building
234 Wellington Street, Room 1161
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 954-1920
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.
Charter of Rights (Criminal) - Mobility rights - Extradition - Whether extradition proceedings should have been stayed - Whether actions of Canadian authorities amounted to an abuse of process - Whether surrender of Applicant to United States was contrary to s. 6(1) of Canadian Charter of Rights and Freedoms - Whether Minister failed to consider all of the submissions and all of the pertinent Cotroni factors and failed to fulfill his Charter obligations placed upon him under the Extradition Act to judicially investigate claims that a surrender would be unjust and oppressive.
The United States seeks the Applicant’s extradition to face charges in Florida that he participated in a conspiracy to supply and distribute ecstasy in the United States. On April 11, 2002, the Applicant was arrested in Canada and charged with a number of drug-related offences. The Canadian proceedings were adjourned several times. On October 4, 2004, the United States requested extradition. On March 21, 2005, the Canadian charges were withdrawn without notice. At the commencement of the extradition hearing, the extradition judge dismissed a motion to stay proceedings on the ground that the actions of Canadian authorities had amounted to an abuse of process. The Applicant was committed for extradition and the Minister ordered his surrender to the United States.
Lower court rulings
Ontario Superior Court of Justice
C42527
See file
Court of Appeal for Ontario
C43776, C45257, 2007 ONCA 535
see file / voir dossier
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
Not available