Case information
Consult our database for details on a Supreme Court of Canada case.
36078
Gaetan Dinelle v. Attorney General of Canada on behalf of the United States of America and Minister of Justice
(Ontario) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-03-13 | Close file on Leave | |
| 2015-03-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-03-13 | Judgment on leave sent to the parties | |
| 2015-03-12 |
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 C57737, dated July 9, 2014, is dismissed. Dismissed |
|
| 2015-02-16 | All materials on application for leave submitted to the Judges, Ro Cro Mo | |
| 2014-12-24 | Certificate (on limitations to public access) | Attorney General of Canada on behalf of the United States of America and Minister of Justice |
| 2014-12-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-12-24 | Attorney General of Canada on behalf of the United States of America and Minister of Justice |
| 2014-12-11 | Correspondence received from, (Letter Form), Respondent, fax dated December 11, 2014, re.: asking about the next steps. | Attorney General of Canada on behalf of the United States of America and Minister of Justice |
| 2014-12-10 | Supplemental document, (Letter Form), 4 pages, dated December 10, 2014 | Gaetan Dinelle |
| 2014-12-08 | Application for leave to appeal, (Letter Form), 22 page Memorandum of Argument ONLY. Notice 25A was filed Aug.8/2014. Form 23A and fees missing, Completed on: 2014-12-31 | Gaetan Dinelle |
| 2014-12-08 | Correspondence received from, (Letter Form), Applicant, re.: Asking the Court if he could apply for another extension. | Gaetan Dinelle |
| 2014-10-09 | Order on motion to extend the time to file and/or serve the leave application, (by KARAKATSANIS J.) | |
| 2014-10-09 |
Decision on motion to extend time to file and /or serve the leave application, UPON APPLICATION by the Applicant to a judge for an Order extending the time within which the Applicant must serve and file his complete Application for Leave to Appeal in respect of the endorsement of the Ontario Court of Appeal dated July 9, 2014 (Kingston: file no. 57737); AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The time within which the Applicant must serve and file his complete Application for Leave to Appeal is extended by sixty (60) days from the date of this order. Granted |
|
| 2014-10-08 | Submission of motion to extend time to file and/ or serve the leave application, Ka | |
| 2014-10-07 | Applicant's reply to respondent's argument, (Letter Form), Original copy never received (only a fax copy was filed), Completed on: 2014-10-07 | Gaetan Dinelle |
| 2014-09-29 | Response to the motion to extend the time to file and / or serve the leave application, (Book Form), (faxed copy included in file), Completed on: 2014-09-29, (Electronic version filed on 2014-09-29) | Attorney General of Canada on behalf of the United States of America and Minister of Justice |
| 2014-09-25 | Supplemental document, (Letter Form), April 12, 2013 Ontario Superior Court of Justice, re.: reasons for committal | Attorney General of Canada on behalf of the United States of America and Minister of Justice |
| 2014-09-16 | Supplemental document, (Letter Form), 11 page document, dated September 15, 2014, named: "FACTUM", addressed to the Minister of Justice | Gaetan Dinelle |
| 2014-08-12 | Correspondence (sent by the Court) to, Checklist | |
| 2014-08-08 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2014-08-08 | Gaetan Dinelle |
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 |
|---|---|---|
| Dinelle, Gaetan | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada on behalf of the United States of America and Minister of Justice | Respondent | Active |
Counsel
Party: Dinelle, Gaetan
This party is not represented by counsel.
Party: Attorney General of Canada on behalf of the United States of America and Minister of Justice
Counsel
Janet Henchey
Nancy Dennison
3400 - 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6330
FAX: (416) 952-0298
Email: richard.kramer@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
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.
(PUBLICATION BAN IN CASE)
Extradition – Committal hearings – Powers of extradition judge – Whether the Court of Appeal erred in upholding the extradition judge’s decision ordering the applicant’s committal into custody to await the surrender decision of the Minister of Justice.
The applicant is currently in custody awaiting extradition to the United States in relation to alleged offences in that country.
The extradition judge ordered the committal of the applicant into custody to await the Minister of Justice’s decision to surrender him for prosecution of charges in the United States. The Minister subsequently ordered the applicant’s surrender. The Ontario Court of Appeal unanimously dismissed the appeal from the committal order, as well as an application for judicial review from the Minister’s surrender decision.
Lower court rulings
Ontario Superior Court of Justice
Respondents’ application seeking order for applicant’s committal into custody to await Minister’s surrender decision, granted.
Court of Appeal for Ontario
C57737
Applicant’s appeal and application for judicial review of Minister’s 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