Case information
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37237
Jasvir Singh Virdi, 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) |
|---|---|---|
| 2016-12-30 | Close file on Leave | |
| 2016-12-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-12-23 | Judgment on leave sent to the parties | |
| 2016-12-22 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the leave application is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA42370, 2016 BCCA 291, dated July 7, 2016, is dismissed. Dismissed |
|
| 2016-12-22 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2016-11-21 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-11-21 | Submission of motion to extend time to file and/ or serve the leave application, Abe Ka Br | |
| 2016-11-01 | Certificate (on limitations to public access) | Attorney General of Canada on behalf of the United States of America |
| 2016-11-01 | Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), Completed on: 2016-11-01 | Attorney General of Canada on behalf of the United States of America |
| 2016-11-01 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-11-01 | Attorney General of Canada on behalf of the United States of America |
| 2016-10-13 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Fees and service missing - Rec'd on 2016-10-21, Completed on: 2016-10-21 | Jasvir Singh Virdi |
| 2016-10-04 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened on 2016-10-04 | |
| 2016-10-03 | Certificate (on limitations to public access) | Jasvir Singh Virdi |
| 2016-10-03 | Notice of name | Jasvir Singh Virdi |
| 2016-10-03 | Application for leave to appeal, Motion for extension of time rec'd on 2016-10-13 - Both C/A order rec'd on 2016-10-19, Completed on: 2016-11-01 | Jasvir Singh Virdi |
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 |
|---|---|---|
| Singh Virdi, Jasvir | 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 |
|---|---|---|
| Singh Virdi, Jasvir | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Justice | Respondent | Active |
Counsel
Party: Singh Virdi, Jasvir
Counsel
208 - 11180 Coppersmith Place
Richmond, British Columbia
V7A 5G8
Telephone: (778) 297-3130
FAX: (778) 297-3131
Party: Attorney General of Canada on behalf of the United States of America
Counsel
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 775-7495
FAX: (604) 666-6314
Email: john.carsley@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Minister of Justice
Counsel
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 775-7495
FAX: (604) 666-6314
Email: john.carsley@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
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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 – Double jeopardy – Whether applicant was subjected to dual punishments resulting in a violation of his rights under s. 7 of the Charter – Whether applicant was subjected to psychological duress while in custody compelling him to sign a plea agreement – Whether the undue delay between his arrest in Canada and his arrest in the United States and the initiation of the extradition proceedings violate the principles of fundamental justice – Whether applicant had proper notice of his sentencing hearing – Whether his extradition would infringe his right to remain in Canada pursuant to s. 6(1) of the Charter – Whether he was “too late” in invoking his s. 6(1) Charter rights.
The United States seeks the extradition of the applicant for the imposition of sentence on a monetary offence, failure to report on exportation of a monetary instrument, and for prosecution of the offence of failing to appear at a sentencing hearing. There was a Plea Agreement between the applicant and American prosecutors, but before the sentencing hearing, the applicant wrote to prosecutors repudiating his agreement and stating that he had decided not to voluntarily subject himself to further criminal proceeding in the United States.
Fitch J. of the Supreme Court of British Columbia committed the applicant for extradition. The Minister of Justice ordered the surrender of the applicant. The applicant’s appeal of the committal order and judicial review of the decision of the Minister were both dismissed by the Court of Appeal of British Columbia.
Lower court rulings
Supreme Court of British Columbia
26248, 2014 BCSC 2349
Committal for extradition to the United States to be sentenced on currency offence and trial on a charge of failing to appear
Court of Appeal for British Columbia (Vancouver)
CA42370, 2016 BCCA 291
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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.
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Related links
Factums on appeal
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
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