Case information
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36662
Gregory Logan v. Attorney General of Canada (On behalf of the Minister of Justice)
(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 | |
| 2016-03-10 | General proceeding, Complete file is merged with 36661 as per judgment on March 10, 2016 | 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 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
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Attorney General of Canada (On behalf of the Minister of Justice)
Counsel
2127 - 284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-3528
FAX: (613) 957-8412
Email: jeffrey.johnston@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.
Canadian Charter of Rights and Freedoms – Criminal Law – Extradition – Judicial review of Minister’s surrender order – Double jeopardy – Whether the Court of Appeal erred in restricting their assessment of double jeopardy to an offence based analysis rather than considering the application of ss. 725(1)(c) and 725(2) of the Criminal Code, R.S.C., 1985, c. C-46, which codify a protection against double punishment – Whether the Court of Appeal erred in restricting their assessment of double jeopardy to an offence based analysis rather than considering the protection against double punishment manifested in s. 7 of the Charter.
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. Following the extradition proceedings, the Minister ordered Mr. Logan’s surrender to the United States.
Lower court rulings
Court of Appeal of New Brunswick
68-14-CA, 2015 NBCA 59
Application for judicial review of the surrender order dismissed
Memorandums of argument on application for leave to appeal
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Related links
Factums on appeal
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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.
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