Case information
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32840
Graham Davis v. Republic of Trinidad and Tobago
(Alberta) (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) |
|---|---|---|
| 2008-12-23 | Close file on Leave | |
| 2008-12-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2008-12-19 | Judgment on leave sent to the parties | |
| 2008-12-18 |
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 of Alberta (Edmonton), Number 0703-0008-A, 2008 ABCA 275, dated August 6, 2008, is dismissed. Dismissed |
|
| 2008-11-17 | All materials on application for leave submitted to the Judges, LeB De Cha | |
| 2008-11-13 | Applicant's reply to respondent's argument, Completed on: 2008-11-13 | Graham Davis |
| 2008-11-04 | Respondent's response on the application for leave to appeal, Completed on: 2008-11-04 | Republic of Trinidad and Tobago |
| 2008-10-09 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2008-10-06 | Application for leave to appeal, Completed on: 2008-10-06 | Graham Davis |
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 |
|---|---|---|
| Davis, Graham | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Republic of Trinidad and Tobago | Respondent | Active |
Counsel
Party: Davis, Graham
Counsel
830 - 10020, 101A Avenue NW
Edmonton, Alberta
T5J 3G2
Telephone: (780) 451-4232
FAX: (780) 425-1289
Email: dale@kship.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Republic of Trinidad and Tobago
Counsel
211 Bank of Montreal Building
10199-101 Street
Edmonton, Alberta
T5J 3Y4
Telephone: (780) 442-1901
FAX: (780) 495-2964
Email: stacey.dej@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.
Extradition – Committal hearings – Extraditable conduct – Evidence – Whether the Court of Appeal erred in law by concluding that the basis for the committal for extradition is extraditable conduct.
On October 18, 2005, an Authority to Proceed was issued by the Minister of Justice authorizing extradition proceedings against the Applicant, Graham Davis. The Republic of Trinidad & Tobago seeks his extradition to face prosecution on a charge of indecent assault, which corresponds to the Canadian criminal offence of sexual assault contrary to s. 271 of the Criminal Code, R.S.C. 1985, c. C-46 (“Code”). The extradition judge concluded that there was insufficient evidence to justify the Applicant’s extradition and discharged the Applicant. The Respondent’s appeal was allowed. The Court of Appeal, Berger J.A. dissenting, concluded that the extradition judge erred in finding that the Attorney General had the onus of establishing, with evidence, that the Crown would have prosecuted the hybrid offence by way of indictment rather than by way of summary conviction had it occurred in Canada. The Court of Appeal set aside the discharge order and ordered the committal of the Applicant.
Lower court rulings
Court of Queen’s Bench of Alberta
060237674X1, 2006 ABQB 907
See file
Court of Appeal of Alberta (Edmonton)
0703-0008-A, 2008 ABCA 275
Allowed
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