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.
| 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
| Name | Role | Status |
|---|---|---|
| Fraser, Shane Donald | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada on behalf of the United States of America | Respondent | Active |
Counsel
Party: Fraser, Shane Donald
Counsel
Toby Rauch-Davis
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
Ryan R. Dawodharry
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
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
Supreme Court of British Columbia
2021 BCSC 2090, 26331-1
Order for committal into custody
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
Related links
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
Related links
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