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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.


40706

Shane Donald Fraser v. Attorney General of Canada on behalf of the United States of America

(British Columbia) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2023-11-03 Close file on Leave
2023-11-02 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2023-11-02 Judgment on leave sent to the parties
2023-11-02 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 British Columbia (Vancouver), Number CA47799, 2023 BCCA 186, dated May 3, 2023, is dismissed.
Dismissed
2023-09-18 All materials on application for leave submitted to the Judges, for consideration by the Court
2023-08-24 Certificate (on limitations to public access), 23A Attorney General of Canada on behalf of the United States of America
2023-08-24 Respondent's response on the application for leave to appeal, (Book Form), Jointe Response with files 40707 and 40708
, Completed on: 2023-08-28, (Printed version filed on 2023-08-25)
Attorney General of Canada on behalf of the United States of America
2023-06-30 Letter acknowledging receipt of an incomplete application for leave to appeal
2023-06-30 Certificate (on limitations to public access), 23A Shane Donald Fraser
2023-06-30 Notice of name Shane Donald Fraser
2023-06-30 Application for leave to appeal, (Book Form), (3 volumes), - filing fee (rec'd 2023-07-04), Completed on: 2023-07-05, (Printed version filed on 2023-07-28) Shane Donald Fraser
2023-05-03 Letter acknowledging receipt of a notice of application for leave to appeal
2023-05-03 Notice of application for leave to appeal, Completed on: 2023-05-03 Shane Donald Fraser

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

Main parties - Appellants
Name Role Status
Fraser, Shane Donald Applicant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of Canada on behalf of the United States of America Respondent Active

Counsel

Party: Fraser, Shane Donald

Counsel
Names
Jason B. Gratl
Toby Rauch-Davis
Contact information
Gratl & company
511-55 East Cordova Street
Vancouver, British Columbia
V6A 0A5
Telephone: (604) 694-1919
FAX: (604) 608-1919
Email: jason@gratlandcompany.com

Party: Attorney General of Canada on behalf of the United States of America

Counsel
Names
Deborah J. Strachan, K.C.
Ryan R. Dawodharry
Contact information
Justice Canada
Regional Director General Office
900-840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-2061
FAX: (604) 666-2639
Email: deborah.strachan@justice.gc.ca
Agent
Name
Christopher M. Rupar
Contact information
Attorney General of Canada
Department of Justice Canada
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

Keywords

Extradition — Committal hearings — Admissibility of wiretap evidence — Motions to exclude intercepted private communications and to invoke sixth step in review process set out in R. v. Garofoli, [1990] 2 S.C.R. 1421 — Whether sixth step is available to person sought for extradition during committal hearing where judicial consideration of redacted information is necessary to determine informant reliability — Whether committal judge reviewing authorizations to intercept private communications that were granted based on confidential informants’ information must assign negative weight to criminal histories of confidential informers and contradictions in their information — What is the meaning of corroboration in a Garofoli application where there are multiple unsavory informants, sources of information are redacted, and informants provide nearly identical information?

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 to extradite Mr. Fraser to face trial in California for conduct that corresponds to conspiracy to traffic in marihuana and trafficking in marihuana. Mr. Fraser applied for an order excluding evidence in the Record of the Case and for a review and summary of redacted information. The committal judge dismissed the applications and committed Mr. Fraser into custody. The Court of Appeal dismissed an appeal from the committal order.

Lower court rulings

October 8, 2021
Supreme Court of British Columbia

2021 BCSC 2090, 26331-1

Order for committal into custody

May 3, 2023
Court of Appeal for British Columbia (Vancouver)

2023 BCCA 186, CA47799

Appeal dismissed

Filed documents

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 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 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

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

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-02-27