Case information
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32127
Alfonso Caruana v. Republic of Italy, 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) |
|---|---|---|
| 2007-12-21 | Close file on Leave | |
| 2007-12-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-12-21 | Judgment on leave sent to the parties | |
| 2007-12-20 |
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, Number C42781, 2007 ONCA 488, dated June 29, 2007, is dismissed. Dismissed |
|
| 2007-11-26 | All materials on application for leave submitted to the Judges, Ba Abe Cha | |
| 2007-11-05 | Applicant's reply to respondent's argument, Completed on: 2007-11-05 | Alfonso Caruana |
| 2007-10-29 | Respondent's response on the application for leave to appeal, Completed on: 2007-10-29 | Republic of Italy |
| 2007-10-01 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-09-27 | Application for leave to appeal, Completed on: 2007-09-27 | Alfonso Caruana |
| 2007-07-26 | Notice of application for leave to appeal, (original rec'd July 27/07), Completed on: 2007-07-26 | Alfonso Caruana |
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 |
|---|---|---|
| Caruana, Alfonso | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Republic of Italy | Respondent | Active |
| Minister of Justice | Respondent | Active |
Counsel
Party: Caruana, Alfonso
Counsel
180 Dundas Street West
Suite 1515
Toronto, Ontario
M5A 4P7
Telephone: (416) 847-2560 Ext: 223
FAX: (416) 847-2564
Agent
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: Republic of Italy
Counsel
Heather J. Graham
The Exchange Tower
130 King Street West, Ste 3400, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 953-8506
FAX: (416) 973-8253
Email: Marie.Comiskey@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
Heather J. Graham
Suite 3400, Box 36
130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 954-8032
FAX: (416) 973-4328
Email: nancy.dennison@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
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.
Canadian Charter of Rights and Freedoms - Criminal law - Fundamental justice - Section 7 - Canadian citizen and Italian national convicted in Italy in absentia - Extradition sought to enforce sentence - Whether Minister can make determinations of constitutionality - Whether the Extradition Act violates s. 7 of the Charter to the extent that it permits surrender of individual convicted in absentia in the absence of proof that the accused waived the right to be present at trial and without providing assurances that a new trial will be held.
Alfonso Caruana was convicted in Italy of criminal offences following a trial in absentia, and Italy seeks his extradition to serve his sentence. Caruana was ordered committed for surrender by Watt J. On November 17, 2005, the Minister of Justice ordered Caruana’s surrender to Italy. On May 10, 2006, Caruana made further submissions, but the successor Minister of Justice declined to reconsider the surrender order. In the meantime, Caruana brought an appeal of his committal order and an application for judicial review of the Minister’s surrender order to the Ontario Court of Appeal. Both were denied by the Ontario Court of Appeal.
Lower court rulings
Court of Appeal for Ontario
C42781, 2007 ONCA 488
Appeal and application 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 613-996-8666 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