Case information
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36215
Alexander March, et al. v. Attorney General of Canada, representing the United States of America
(Quebec) (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) |
|---|---|---|
| 2015-11-09 | Close file on Leave | |
| 2015-10-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-10-30 | Judgment on leave sent to the parties | |
| 2015-10-29 |
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 Quebec (Montréal), Number 500-10-005334-139, 2015 QCCA 410, dated February 26, 2015, is dismissed without costs. Dismissed, without costs |
|
| 2015-06-22 | All materials on application for leave submitted to the Judges, Abe Ka Côt | |
| 2015-05-25 | Certificate (on limitations to public access) | Attorney General of Canada, representing the United States of America |
| 2015-05-25 | Respondent's response on the application for leave to appeal, (Book Form), service to come - service rec'd May 25, 2015, Completed on: 2015-05-26 | Attorney General of Canada, representing the United States of America |
| 2015-04-27 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2015-04-27 | Application for leave to appeal, (Book Form), Completed on: 2015-04-27 | Alexander March |
| 2014-12-23 | Order on motion to extend the time to file and/or serve the leave application, (by GASCON J.) | |
| 2014-12-23 |
Decision on motion to extend time to file and /or serve the leave application, Ga, UPON APPLICATION by the applicants for an order extending the time to file and serve their application for leave to appeal from the Court of Appeal of Quebec judgment rendered on October 28, 2014, in files 500-10-005217-128 and 500-10-005218-126, on the judicial part of their extradition process; CONSIDERING THAT the Court of Appeal of Quebec continued the hearing of the judicial review of the Minister’s decision in the related file 500-10-005334-139 to January 28, 2015; CONSIDERING the applicants’ allegation that the decision to be rendered by the Court of Appeal of Quebec is supplemental to the one already rendered on October 28, 2014, and the letter of the respondents’ counsel advising the Court that they take no position on the motion; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The applicants shall have 60 days from the date judgment is rendered by the Court of Appeal of Quebec in the judicial review proceedings in file 500-10-005334-139, to be heard on January 28, 2015, to serve and file their application for leave to appeal in files 500-10-005217-128 and 500-10-005218-126. Granted |
|
| 2014-12-23 | Submission of motion to extend time to file and/ or serve the leave application, Ga | |
| 2014-12-22 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2014-12-22 | Attorney General of Canada, representing the United States of America |
| 2014-12-17 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2014-12-17 | Alexander March |
| 2014-12-17 | Certificate (on limitations to public access) | Alexander March |
| 2014-12-17 | Notice of application for leave to appeal, (Letter Form), Completed on: 2014-12-17 | Alexander March |
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 |
|---|---|---|
| March, Alexander | Applicant | Active |
| March, Sima | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada, representing the United States of America | Respondent | Active |
Counsel
Party: March, Alexander
Counsel
1155 René-Lévesque Ouest
Suite 1715
Montréal, Quebec
H3B 2K8
Telephone: (514) 288-6180 Ext: 229
FAX: (514) 288-8908
Email: jhgrey@greycasgrain.net
Agent
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: March, Sima
Counsel
1155 René-Lévesque Ouest
Suite 1715
Montréal, Quebec
H3B 2K8
Telephone: (514) 288-6180 Ext: 229
FAX: (514) 288-8908
Email: jhgrey@greycasgrain.net
Agent
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: Attorney General of Canada, representing the United States of America
Counsel
Toni Abi Nasr
Complexe Guy-Favreau, Tour Est, 9e étage
200, boulevard René-Lévesque Ouest
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-2002
FAX: (514) 283-3856
Email: Constantina.Antonopoulos@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 – Committal hearings – Evidence – Administrative law – Judicial review – Whether extradition judge erred in finding that evidence submitted by applicants did not provide basis for denying order of committal for surrender – Whether Minister erred in failing to consider best interests of applicants’ five minor children before ordering their surrender – Whether Minister erred in including in surrender orders count for which there had been no evidence before extradition judge concerning time period specified in count.
The United States of America requested the extradition of the applicants, Alexander and Sima March, American citizens who also have Canadian and Israeli citizenship, respectively, to answer criminal charges for fraud in New York State. They have five children aged 12 and under.
The Superior Court ordered the committal of the two applicants. In light of the legal principles established in United States of America v. Ferras, [2006] 2 S.C.R. 77, it found that committal for trial was justified. The Minister of Justice then made surrender orders. The applicants appealed the surrender orders and also applied for judicial review of the orders. The Court of Appeal dismissed their proceedings.
Lower court rulings
Superior Court of Quebec
2012 QCCS 3491, 500-36-005976-116
Request for committal for surrender granted
Court of Appeal of Quebec (Montréal)
2014 QCCA 1999, 500-10-005217-128, 500-10-005218-126, 500-10-005334-139
Application for judicial review of Minister of Justice’s decisions ordering applicants’ surrender postponed to January 28, 2015; appeals from committal orders dismissed
Court of Appeal of Quebec (Montréal)
2015 QCCA 410, 500-10-005334-139
Application for judicial review 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
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