Case information
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37588
Attorney General of Canada on behalf of the United States of America v. Shane Donald Fraser, 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) |
|---|---|---|
| 2017-09-26 | Close file on Leave | |
| 2017-09-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-09-22 | Judgment on leave sent to the parties | |
| 2017-09-21 |
Judgment of the Court on the application for leave to appeal, The motion to join three orders into one application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA42711, CA42712 and CA42713, 2017 BCCA 136, dated March 31, 2017 is dismissed. Dismissed |
|
| 2017-09-21 |
Decision on the miscellaneous motion Granted |
|
| 2017-07-31 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-07-31 | Submission of miscellaneous motion, for consideration by the Court | |
| 2017-07-06 | Applicant's reply to respondent's argument, (Letter Form), Will not be replying to the response. , Completed on: 2017-07-06 | Attorney General of Canada on behalf of the United States of America |
| 2017-06-30 | Certificate (on limitations to public access) | Shane Donald Fraser |
| 2017-06-30 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-06-30 | Shane Donald Fraser |
| 2017-06-29 | Certificate (on limitations to public access) | Todd Ian Ferguson |
| 2017-06-29 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2017-06-29 | Todd Ian Ferguson |
| 2017-06-16 | Correspondence received from, Return of the C/A order form | Attorney General of Canada on behalf of the United States of America |
| 2017-06-02 | Notice of miscellaneous motion, (Book Form), To join three C/A judgments into one application, Completed on: 2017-06-02 | Attorney General of Canada on behalf of the United States of America |
| 2017-05-31 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order, File opened on 2017-05-31 | |
| 2017-05-30 | Certificate (on limitations to public access) | Attorney General of Canada on behalf of the United States of America |
| 2017-05-30 | Application for leave to appeal, (Book Form), Final C/A orders missing (received 2017-07-06). Motion to join files requested - Rec'd on 2017-06-02, Completed on: 2017-05-30 | Attorney General of Canada on behalf of the United States of America |
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 |
|---|---|---|
| Attorney General of Canada on behalf of the United States of America | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Fraser, Shane Donald | Respondent | Active |
| Ferguson, Todd Ian | Respondent | Active |
| Joinson, Daniel James | Respondent | Active |
Counsel
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) 666-6667
FAX: (604) 666-1585
Email: diba.majzub@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
Party: Fraser, Shane Donald
Counsel
601-510 West Hastings Street
Vancouver, British Columbia
V6B 1L8
Telephone: (604) 694-1919
FAX: (604) 608-1919
Email: jason@gratlandcompany.com
Party: Ferguson, Todd Ian
Counsel
450 Lakeshore Road N.E.
Salmon Arm, British Columbia
V1E 4N9
Telephone: (250) 833-0914
FAX: (250) 833-0924
Email: vlex@telus.net
Party: Joinson, Daniel James
Counsel
601-510 West Hastings Street
Vancouver, British Columbia
V6B 1L8
Telephone: (604) 694-1919
FAX: (604) 608-1919
Email: jason@gratlandcompany.com
Summary
Keywords
Charter of Rights – Criminal law – Section 8 of the Charter – Search and seizure – Extradition – Committal hearings – Evidence – What is the scope of an extradition partner’s disclosure obligations when relying upon Canadian-gathered evidence obtained pursuant to a Canadian judicial authorization – What is the threshold test to meet when seeking disclosure concerning the manner in which Canadian-gathered evidence was collected – Charter of Rights, s. 8.
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.
The United States of America sought extradition of the respondents – Fraser, Joinson and Ferguson – and other individuals for drug smuggling in a case that depended primarily on wiretap evidence gathered in Canada. The respondents are alleged to have organized and directed a scheme to conceal hundreds of pounds of marihuana in hollowed-out logs which were modified to appear suitable for log home construction and shipped to California. The extradition judge dismissed the applications for disclosure. The extradition judge concluded that the Record of the Case provided sufficient information to determine whether the respondents’ s. 8 Charter rights were breached. Relying on her view of the facts, the extradition judge found that the respondents had not established a s. 8 Charter breach and dismissed the applications. The extradition judge granted the applications for committal of the respondents. The Court of Appeal allowed the appeals and ordered new hearings.
Lower court rulings
Supreme Court of British Columbia
26331, 2015 BCSC 604
Applicant’s applications for committal of the respondents granted
Court of Appeal for British Columbia (Vancouver)
CA42711, CA42712, CA42713, 2017 BCCA 136
Appeals allowed and new hearings ordered
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.
Downloadable PDFs
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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
Not available