Case information
Consult our database for details on a Supreme Court of Canada case.
35254
Thinh Hung Le 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) |
|---|---|---|
| 2013-06-21 | Close file on Leave | |
| 2013-06-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-06-14 | Judgment on leave sent to the parties | |
| 2013-06-13 |
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 C55617, 2013 ONCA 55, dated January 29, 2013, is dismissed without costs Dismissed, without costs |
|
| 2013-05-13 | All materials on application for leave submitted to the Judges, F Ro Mo | |
| 2013-04-26 | Respondent's response on the application for leave to appeal, Completed on: 2013-04-26 | United States of America |
| 2013-04-11 | Correspondence received from, Robin Parker dated April 5, 2013. Re: Return of the C/A order form | Thinh Hung Le |
| 2013-04-03 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2013-04-02 | Application for leave to appeal, C/A order missing - Rec'd on April 9, 2013, Completed on: 2013-04-09 | Thinh Hung Le |
| 2013-03-12 | Correspondence received from, Robin Parker dated March 5, 2013. Re: Assisting the applicant with his application | Thinh Hung Le |
| 2013-03-08 | Correspondence (sent by the Court) to, Acknowledgment letter | |
| 2013-03-07 | Notice of application for leave to appeal, Completed on: 2013-03-07 | Thinh Hung Le |
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 |
|---|---|---|
| Le, Thinh Hung | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| United States of America | Respondent | Active |
| Minister of Justice | Respondent | Active |
Counsel
Party: Le, Thinh Hung
Counsel
Toronto, Ontario
M5R 2J7
Telephone: (416) 868-1694
FAX: (416) 369-3451
Email: rparker@15 bedford.com
Agent
397 Gladstone Avenue
Suite1
Ottawa, Ontario
K2P 0Y9
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
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
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.
Extradition – Surrender – Jurisdiction of Minister – Abuse of process – U.S. seeking applicant’s extradition on drug trafficking charges – Minister of Justice surrendering applicant – Whether Minister exceeded his jurisdiction by allegedly issuing surrender order on conduct and offences not included in Authority to Proceed (ATP) or in Committal Order and which had not been subject of committal hearing – Whether Court of Appeal erred in its interpretation of Canada (Justice) v. Fischbacher, 2009 SCC 46 – Whether Court of Appeal erred in failing to find that Minister’s decision to exclude from ATP conduct upon which he intended to order surrender applicant was abuse of process
The United States sought Mr. Le on six drug-related charges, including charges of importation and trafficking. In 2011, the Minister of Justice issued an Authority to Proceed pursuant to s. 15 of the Extradition Act, S.C. 1999, c. 18, authorizing the Attorney General of Canada to seek a court order for Mr. Le’s committal for three offences that corresponded to the Canadian offences of trafficking substances listed in specific schedules of the Controlled Drugs and Substances Act, S.C. 1996, c. 19.
In January 2012, Mr. Le consented to the issuance of an order for his committal for the offences set out in the Authority to Proceed. That same day, a judge of the Superior Court of Justice issued an order committing Mr. Le into custody until his surrender to the United States.
Lower court rulings
Court of Appeal for Ontario
C55617, 2013 ONCA 55
Application for judicial review against surrender 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 613-996-8666 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