Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
35047
Jorge Sosa also known as Jorge Vinicio Sosa Orantes v. Attorney General of Canada (On behalf of the United States of America)
(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) |
|---|---|---|
| 2013-02-22 | Close file on Leave | |
| 2013-02-04 | Correspondence received from, Mr. Sosa dated Jan. 16/13 re: information on Constitutional Court of Guatemala | Jorge Sosa also known as Jorge Vinicio Sosa Orantes |
| 2013-01-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-01-25 | Judgment on leave sent to the parties | |
| 2013-01-24 |
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 (Calgary), Number 1101-0251-A, 2012 ABCA 242, dated August 8, 2012, is dismissed without costs. Dismissed, without costs |
|
| 2013-01-15 | Correspondence received from, Mr. Sosa rec'd by fax dated Jan. 15/13 re: Formal Order Form, CA order expected by Mar. 1/13 | Jorge Sosa also known as Jorge Vinicio Sosa Orantes |
| 2012-12-31 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2012-12-06 | Respondent's response on the application for leave to appeal, (Book Form), Form 25 B rec'd Dec. 14/12 (original rec'd Dec. 19/12), Completed on: 2012-12-06 | Attorney General of Canada (On behalf of the United States of America) |
| 2012-11-07 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order, Motion new evidence and Fees requested (File open) | |
| 2012-10-29 | Correspondence received from, Lisa Anderson rec'd by email re: address for Mr. Sosa | Attorney General of Canada (On behalf of the United States of America) |
| 2012-10-11 | Correspondence received from, Ms. Henchey dated Oct. 4/12 re: Mr. Sosa was deported on Sept. 21/12 | Attorney General of Canada (On behalf of the United States of America) |
| 2012-09-25 | Correspondence (sent by the Court) to, Acknowledgement | |
| 2012-09-25 | Application for leave to appeal, (Book Form), service confirmed by phone, Completed on: 2013-01-03 | Jorge Sosa also known as Jorge Vinicio Sosa Orantes |
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 |
|---|---|---|
| Jorge Sosa also known as Jorge Vinicio Sosa Orantes | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada (On behalf of the United States of America) | Respondent | Active |
Counsel
Party: Jorge Sosa also known as Jorge Vinicio Sosa Orantes
This party is not represented by counsel.
Party: Attorney General of Canada (On behalf of the United States of America)
Counsel
EPCOR Tower
300, 10423 - 101 Street
Edmonton, Alberta
T5H 0E7
Telephone: (780) 495-4171
FAX: (780) 495-2964
Email: cynthia.dickins@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 — Extradition — Applicant’s extradition to the United States of America sought on charges of perjury — Applicant alleged to have knowingly made false statements under oath to United States immigration authorities while applying for permanent residency, naturalization and U.S. citizenship — Committal of applicant pending extradition ordered — Applicant seeking leave to appeal committal order — Whether the Court of Appeal erred in determining that the evidence admitted pursuant to s. 33 of the Extradition Act, S.C. 1999, c. 18, was reliable, in contradiction to the principles of fundamental justice protected by the Charter? — Whether the Court of Appeal failed to take into account the applicant’s defences to the perjury charges pending against him in the U.S.? — Whether Canada is required to seek assurances from the United States that the applicant will subsequently be returned to Canada?
Mr. Sosa is a Canadian citizen. The United States sought his extradition to face perjury charges, alleging that Mr. Sosa knowingly made false statements under oath to United States immigration authorities while applying for permanent residency, naturalization and U.S. citizenship.
It was alleged that Mr. Sosa lied when completing his Application for Naturalization. More specifically, Mr. Sosa had allegedly failed to disclose the fact that he had been a member of the Guatemalan Army and denied having committed crimes for which he had never been arrested (notably, murders having occurred during the course of a 1982 massacre in Guatemala).
Lower court rulings
Court of Queen’s Bench of Alberta
110065638X1, 2011 ABQB 534
Applicant’s committal into custody pending extradition to the United States, ordered
Court of Appeal of Alberta (Calgary)
1101-0251-A, 2012 ABCA 242
Application for leave to appeal committal order, 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 613‑996‑7933 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