Case information
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32223
David Deland v. Minister of Justice of Canada, on behalf of the United States of America
(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) |
|---|---|---|
| 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 an extension of time to serve and file the applicant’s reply is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-003675-061, dated August 3, 2007, is dismissed without costs. Dismissed, without costs |
|
| 2007-12-20 |
Decision on motion to extend time, (see above judgment) Granted |
|
| 2007-11-26 | All materials on application for leave submitted to the Judges, Ba Abe Cha | |
| 2007-11-26 | Submission of motion to extend time, Ba Abe Cha | |
| 2007-11-08 | Response to motion to extend time, (Letter Form), from Ginette Gobeil dated Nov. 7/07 (joint with 32220-221 and 222), Completed on: 2007-11-08 | Minister of Justice of Canada, on behalf of the United States of America |
| 2007-11-06 | Motion to extend time, to file the applicant's reply to Nov. 6/07 (joint with 32220-221 and 222), Completed on: 2007-11-06 | David Deland |
| 2007-11-06 | Applicant's reply to respondent's argument, (joint with 32220-221 and 222), Completed on: 2007-11-06 | David Deland |
| 2007-11-06 | Correspondence received from, Me Gaudreau by fax dated Nov-6-07 re: acting as agents for the applicant | David Deland |
| 2007-10-23 | Applicant's reply to respondent's argument, (Service missing (rec'd Oct. 24/07), Motion to ext. time requested), see further Reply filed Nov.6/07, (Joint with 32220-32221-32222)-DO NOT SUBMIT, Completed on: 2007-11-06 | David Deland |
| 2007-10-11 | Respondent's response on the application for leave to appeal, (Service missing), received by fax Oct. 12/07 (joint with 32220-221 and 222), Completed on: 2007-10-12 | Minister of Justice of Canada, on behalf of the United States of America |
| 2007-09-13 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-09-11 | Application for leave to appeal, Rely on 32220 for memorandum, Completed on: 2007-09-11 | David Deland |
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 |
|---|---|---|
| Deland, David | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Justice of Canada, on behalf of the United States of America | Respondent | Active |
Counsel
Party: Deland, David
Counsel
Clemente Monterosso
5206, rue Hutchison
Montréal, Quebec
H2V 4B3
Telephone: (514) 948-2006
FAX: (514) 948-6131
Email: mariehelene.giroux@sympatico.ca
Agent
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com
Party: Minister of Justice of Canada, on behalf of the United States of America
Counsel
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
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.
Charter of Rights - Extradition - Constitutional law - Mobility rights - Minister’s discretion - Whether Minister’s decision to extradite Applicants unduly violates their right to remain in Canada pursuant to s. 6(1) of Canadian Charter of Rights and Freedoms - Whether test of realistic option of prosecution in Canada from United States v. Cotroni, [1989] 1 S.C.R. 1469, has effect of denying Applicants protection of s. 6(1) of Charter.
The Applicant and his co-Applicants, all of whom are Canadian citizens, are charged with fraud in the United States. They allegedly attempted to defraud residents of several U.S. states by telephone from Montréal. They promised their victims a bond worth US$25,000 but insisted on receiving a search fee or administrative fee first. If the victims sent the amount requested, they received nothing, or what they received was worth nothing.
Lower court rulings
Court of Appeal of Quebec (Montréal)
500-10-003675-061
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