Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
38760
Marco Viscomi v. Attorney General of Canada (on behalf of the United States of America)
(Ontario) (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) |
|---|---|---|
| 2020-01-13 | Close file on Leave | |
| 2019-11-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-11-29 | Judgment on leave sent to the parties | |
| 2019-11-28 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C62967, 2019 ONCA 490, dated June 14, 2019, is dismissed. Dismissed |
|
| 2019-10-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-10-09 | Certificate (on limitations to public access), 23A - No limitiations | Attorney General of Canada (on behalf of the United States of America) |
| 2019-10-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-10-09 | Attorney General of Canada (on behalf of the United States of America) |
| 2019-09-24 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2019-09-13 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Marco Viscomi |
| 2019-09-13 | Application for leave to appeal, (Book Form), Completed on: 2019-09-13 | Marco Viscomi |
| 2019-08-14 | Letter acknowledging receipt of a notice of application for leave to appeal, FILE OPENED 08/14/19 | |
| 2019-08-12 | Notice of application for leave to appeal, Completed on: 2019-08-12 | Marco Viscomi |
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 |
|---|---|---|
| Viscomi, Marco | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada (on behalf of the United States of America) | Respondent | Active |
Counsel
Party: Viscomi, Marco
Counsel
Brad Greenshields
144 King Street East
Toronto, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994
Email: JGreenspan@144king.com
Agent
304 O'Connor Street
Ottawa, Ontario
K2P 1V7
Telephone: (613) 233-4529
FAX: (613) 822-5096
Email: richard.auger@ottawalawfirm.ca
Party: Attorney General of Canada (on behalf of the United States of America)
Counsel
284 Wellington St.
Bldg., 2nd Flr.
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-3528
FAX: (613) 957-8412
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
Charter of Rights — Criminal law — Extradition — Committal hearings — Evidence — Whether the applicant’s rights under the Charter were infringed — What is the legal test for disclosure at the committal stage of extradition process where the person sought alleges Canadian-gathered evidence in the record of the case relied upon by the requesting state was obtained in a manner that infringed the Canadian Charter of Rights and Freedoms — Where the test is met, is disclosure compulsory, or does the extradition court have discretion to refuse disclosure — ss. 8, 9, 10(b), 24(1) of the Charter of Rights and Freedoms.
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 seeks the extradition of the applicant to stand trial in Virginia for internet luring and child exploitation offences. The applicant’s application for disclosure was dismissed. The applicant’s application to exclude evidence under s. 24(2) of the Charter, on the basis of violations of his ss. 8, 9, and 10(b) Charter rights, was also dismissed. The extradition judge ordered the applicant committed for extradition and the Minister of Justice ordered the applicant’s unconditional surrender to the United States. A majority of the Court of Appeal dismissed the applicant’s appeal and application for judicial review. Paciocco J.A., dissenting, would have allowed the appeal, quashed the committal order, and remitted the matter back for re-hearing.
Lower court rulings
Ontario Superior Court of Justice
Application for disclosure dismissed
Ontario Superior Court of Justice
M125/15, 2016 ONSC 6658
Application to exclude evidence pursuant to the Charter dismissed
Ontario Superior Court of Justice
130/15
Order of committal for extradition granted
Court of Appeal for Ontario
2019 ONCA 490, C62967, C64283
Applicant’s appeal and application for judicial review 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.
Downloadable PDFs
Not available
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