Case information
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36661
Gregory Logan, et al. v. Attorney General of Canada (On behalf of the United States of America), et al.
(New Brunswick) (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) |
|---|---|---|
| 2016-03-15 | Close file on Leave | |
| 2016-03-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-03-11 | Judgment on leave sent to the parties | |
| 2016-03-10 | Certificate (on limitations to public access), (Order 68-14-CA), (Electronic version filed on 2015-10-05) | Gregory Logan |
| 2016-03-10 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the applications for leave to appeal in 36661 and 36662 is granted. The motion to join the applications for leave to appeal is granted and the applications shall be joined under 36661. The application for leave to appeal from the judgments of the Court of Appeal of New Brunswick, Number 68-14-CA, 2015 NBCA 59, and Number 97-14-CA, 2015 NBCA 60, dated October 1, 2015, is dismissed, without costs. Dismissed, without costs |
|
| 2016-03-10 |
Decision on the miscellaneous motion, see Judgment on the Application for Leave to Appeal Granted |
|
| 2016-01-25 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2016-01-25 | Submission of miscellaneous motion, CJ Mo Ga | |
| 2016-01-15 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-01-15, (Electronic version filed on 2016-01-15) | Gregory Logan |
| 2016-01-07 | Correspondence received from, (Letter Form), Mr. Johnston re: request to change the style of cause in file 36662, (Electronic version filed on 2016-01-07) | Attorney General of Canada (On behalf of the United States of America) |
| 2015-12-30 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-12-30) | Attorney General of Canada (On behalf of the United States of America) |
| 2015-12-30 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-01-04, (Electronic version filed on 2015-12-30) | Attorney General of Canada (On behalf of the United States of America) |
| 2015-12-09 | Response to miscellaneous motion, (Letter Form), Consent to extension of time and motion to joined, Completed on: 2015-12-09, (Electronic version filed on 2015-12-09) | Attorney General of Canada (On behalf of the United States of America) |
| 2015-12-09 | Notice of miscellaneous motion, (Book Form), Motion extension of time to file leave application and motion to joint file 36661 and 36662 , Completed on: 2015-12-22, (Electronic version filed on 2015-12-09) | Gregory Logan |
| 2015-12-01 | Application for leave to appeal, (Book Form), Joint for orders 68-14-CA and 97-14-CA, Completed on: 2015-12-11, (Electronic version filed on 2015-12-01) | Gregory Logan |
| 2015-10-05 | Letter acknowledging receipt of a notice of application for leave to appeal, (Open file for Ord. 68-14-CA) | |
| 2015-10-05 | Certificate (on limitations to public access), (Letter Form), (Order 97-14-CA), (Electronic version filed on 2015-10-05) | Gregory Logan |
| 2015-10-05 | Letter acknowledging receipt of a notice of application for leave to appeal, (Open file) (for Order 97-14-CA) | |
| 2015-10-02 | Notice of application for leave to appeal, (Order 68-14-CA), Completed on: 2015-10-02, (Electronic version filed on 2015-10-02) | Gregory Logan |
| 2015-10-02 | Notice of application for leave to appeal, (Letter Form), (Order 97-14-CA) amended notice of application rec'd 2015-12-01, Completed on: 2015-12-07, (Electronic version filed on 2015-10-05) | Gregory Logan |
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 |
|---|---|---|
| Logan, Gregory | 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 |
|---|---|---|
| Logan, Gregory | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada (On behalf of the Minister of Justice) | Respondent | Active |
Counsel
Party: Logan, Gregory
Counsel
15 Bedford Road
Toronto, Ontario
M5R 2J7
Telephone: (416) 868-1755
FAX: (416) 868-1990
Email: bgreenspan@15bedford.com
Agent
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Party: Attorney General of Canada (On behalf of the United States of America)
Counsel
2127 - 284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-3528
FAX: (613) 957-8412
Email: jeffrey.johnston@justice.gc.ca
Agent
Civil Litigation Section
50 O'Connor Street, Suite 500
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Party: Attorney General of Canada (On behalf of the Minister of Justice)
Counsel
15 Bedford Road
Toronto, Ontario
M5R 2J7
Telephone: (416) 868-1755
FAX: (416) 868-1990
Email: bgreenspan@15bedford.com
Agent
Civil Litigation Section
50 O'Connor Street, Suite 500
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.
Criminal Law – Extradition – Committal hearings – Powers of extradition judge – Abuse of process – Double jeopardy – Whether the Court of Appeal erred in concluding that claims of double jeopardy are within the exclusive jurisdiction of the Minister of Justice – Extradition Act, S.C. 1999, c. 18, s. 29(1)
The applicant, Mr. Logan, engaged in cross-border smuggling of narwhal tusks from Canada to the United States and repatriated the proceeds of smuggling into Canada. He was charged in Canada and convicted of unlawfully exporting narwhal tusks to the United States in violation of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, S.C. 1992, c. 52 (WAPPRIITA). The United States requested his extradition on charges of conspiracy to launder monetary instruments and laundering monetary instruments. The Minister of Justice issued Authority to Proceed (ATP) to seek an order for Mr. Logan’s committal for extradition. According to Mr. Logan, he was unaware of the ATP when he pled guilty to the offence under the WAPPRIITA. He was sentenced to an eight-month conditional sentence of imprisonment and a $385,000 fine. At the plea and sentencing hearing, no mention was made of either the U.S. charges or of s. 725(1)(c) of the Criminal Code that permits a sentencing judge to consider any facts forming part of the circumstances of the offence that could constitute a basis for a separate charge.
Lower court rulings
Court of Queen’s Bench of New Brunswick
SJM/105/2013, 2014 NBQB 184
Committal order granted
Court of Appeal of New Brunswick
68-14-CA, 2015 NBCA 59, 97-14-CA, 2015 NBCA 60
Appeal of the 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 613-996-8666 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
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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 613-996-8666 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