Case information
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38303
Pascal Gaudreault, et al. v. Attorney General of Canada representing the United States of America, et al.
(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) |
|---|---|---|
| 2019-02-18 | Close file on Leave | |
| 2019-01-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-01-16 | Judgment on leave sent to the parties | |
| 2019-01-10 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal from the judgments of the Court of Appeal of Quebec (Montréal), Numbers 500-10-005755-143, 2017 QCCA 1747 and 500-10-005871-155, 2017 QCCA 1744, dated November 7, 2017, is dismissed. Dismissed |
|
| 2018-12-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-12-10 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2018-10-29 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-10-29 | Pascal Gaudreault |
| 2018-10-22 | Certificate (on limitations to public access), (Letter Form), Form 23A | Attorney General of Canada representing the United States of America |
| 2018-10-22 | Response to the motion to extend the time to file and / or serve the leave application, (Book Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2018-10-22 | Attorney General of Canada representing the United States of America |
| 2018-10-22 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-10-22 | Attorney General of Canada representing the United States of America |
| 2018-10-22 | Notice of name, (Letter Form), amended version received on 26/10/2018 | Attorney General of Canada representing the United States of America |
| 2018-09-21 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED: 21/09/2018 | |
| 2018-09-13 | Certificate (on limitations to public access), (Letter Form), Form 23A | Pascal Gaudreault |
| 2018-09-13 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2018-09-13 | Pascal Gaudreault |
| 2018-09-13 | Application for leave to appeal, (Book Form), MISSING: amended covers (received 21/09/2018) and amended notice (received 21/09/2018)., Completed on: 2018-09-21 | Pascal Gaudreault |
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 |
|---|---|---|
| Gaudreault, Pascal | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada representing the United States of America | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Gaudreault, Pascal | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Justice Canada | Respondent | Active |
Counsel
Party: Gaudreault, Pascal
Counsel
342 4 Ave S.E.
Calgary, Alberta
T2G 1C9
Telephone: (403) 457-7778
FAX: (877) 517-6373
Email: dfedorchuk@guardian.law
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Attorney General of Canada representing the United States of America
Counsel
200 René-Lévesque Blvd. West
East Tower, 9th Floor
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-3525
FAX: (514) 283-3856
Email: claudine.dib@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: Minister of Justice Canada
Counsel
200 René-Lévesque Blvd. West
East Tower, 9th Floor
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-3525
FAX: (514) 283-3856
Email: claudine.dib@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
Summary
Keywords
Criminal law – Extradition – Committal hearings – Evidence – Whether Court of Appeal applied the incorrect legal test in this case, namely, that a party can be joined to a conspiracy through circumstantial evidence and inculpatory statements made by a co-accused – Extradition Act, S.C. 1999, c. 18, s. 29.
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.
In October 2011, police executed a search warrant at an apartment in Montreal where a telephone scam was taking place. The persons involved in the scam would use lead sheets with contact information to call elderly victims in the United States and falsely claim to be their grandchild, saying they were in trouble in a foreign country and asking the elderly person to send money to help them. During the search, several individuals were caught in or near the apartment, including Mr. Gaudreault. In February 2014, the United States requested the extradition of Mr. Gaudreault and other co-conspirators to stand trial in California for the offenses of wire fraud, attempted wire fraud, and aiding and abetting wire fraud. The extradition hearing proceeded on the basis of evidence provided in a certified record of the case. The extradition judge held that the evidence of the requesting state met the test for committal pursuant to section 29(1)(a) of the Extradition Act on the offence of conspiracy to commit fraud. The Court of Appeal affirmed that judgment.
Lower court rulings
Superior Court of Quebec
2014 QCCS 5989, 500-36-007112-140
Applicant committed for extradition.
Court of Appeal of Quebec (Montréal)
2017 QCCA 1744, 2017 QCCA 1747, 500-10-005755-143, 500-10-005871-155
Appeal and judicial review dismissed; extradition judge’s and Minister’s orders affirmed.
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
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