Case information
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35887
Acram Adam, et al. v. Attorney General of Canada on Behalf of the United States of America, et al.
(British Columbia) (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) |
|---|---|---|
| 2014-09-29 | Close file on Leave | |
| 2014-09-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-09-26 | Judgment on leave sent to the parties | |
| 2014-09-25 |
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 British Columbia (Vancouver), Number CA40047, 2014 BCCA 136, dated April 9, 2014, is dismissed without costs. Dismissed, without costs |
|
| 2014-09-02 | All materials on application for leave submitted to the Judges, LeB Ka Ga | |
| 2014-08-01 | Certificate (on limitations to public access) | Attorney General of Canada on Behalf of the United States of America |
| 2014-08-01 | Notice of name | Attorney General of Canada on Behalf of the United States of America |
| 2014-08-01 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-08-01, (Electronic version filed on 2014-08-01) | Attorney General of Canada on Behalf of the United States of America |
| 2014-06-23 | Correspondence received from, (Letter Form), counsel for the applicant re: Final order from the Court of appeal of British Columbia will be filed 2014-06-27 received 2014-07-03., (Electronic version filed on 2014-06-23) | Acram Adam |
| 2014-06-10 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened 2014-06-10. | |
| 2014-06-09 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2014-06-09) | Acram Adam |
| 2014-06-09 | Application for leave to appeal, (Book Form), Proof of service and fee missing. Received 2014-06-10., Completed on: 2014-07-03, (Electronic version filed on 2014-06-09) | Acram Adam |
| 2014-05-09 | Correspondence received from, (Letter Form), Counsel for the Applicant, Mr. Terepocki, re.: documents being submitted to the Court | Acram Adam |
| 2014-05-09 | Certificate (on limitations to public access), (Included in the notice of application for leave to appeal) | Acram Adam |
| 2014-05-09 | Notice of application for leave to appeal, (Letter Form), Completed on: 2014-05-09 | Acram Adam |
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 |
|---|---|---|
| Adam, Acram | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada on Behalf of the United States of America | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Adam, Acram | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canada (Minister of Justice) | Respondent | Active |
Counsel
Party: Adam, Acram
Counsel
201-2622 Montrose Avenue
Abbotsford, British Columbia
V2S 3T6
Telephone: (604) 744-1066
FAX: (604) 744-1065
Email: cterepocki@gstlegal.ca
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: Attorney General of Canada on Behalf of the United States of America
Counsel
Barbara Kothe
900-840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-6667
FAX: (604) 666-1585
Email: diba.majzub@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 556
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Party: Canada (Minister of Justice)
Counsel
Barbara Kothe
900-840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-6667
FAX: (604) 666-1585
Email: diba.majzub@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 556
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
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 – Criminal law – Whether the Court of Appeal erred in holding that the factors set out by Article 17 bis of the Protocol Amending the Treaty on Extradition Between Canada and the United States, Can. T.S. 1991 No. 37, are not necessary to consider in regards to the Minister of Justice’s decision to surrender the applicant for extradition.
The United States sought the applicant’s extradition on charges of an alleged conspiracy to traffic in a controlled substance. In ordering the applicant’s surrender, the Minister noted that the applicant was not a Canadian citizen. The Minister concluded that the applicant’s extradition is preferable to domestic prosecution on the basis that the alleged conspiracy involved transporting large quantities of drugs into the U.S., the criminal investigation was conducted entirely by U.S. law enforcement, all of the evidence is in the hands of U.S. authorities, and no charges were laid in Canada. The Minister found that the applicant’s surrender would not be unjust or oppressive, and would not violate his rights under s. 7 of the Charter. The applicant’s surrender was ordered by the Minister. A majority of the Court of Appeal dismissed the appeal from the committal order and the application for judicial review of the Minister’s decision with Chaisson J.A. dissenting in part.
Lower court rulings
Supreme Court of British Columbia
2012 BCSC 969, 25585
Applicant committed into custody to await surrender to the United States of America
Court of Appeal for British Columbia (Vancouver)
CA40047, 2014 BCCA 136
Appeal from committal order and application for judicial review of the Minister’s decision 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
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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