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.
41137
James Ellingson 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) |
|---|---|---|
| 2024-06-07 | Close file on Leave | |
| 2024-05-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-05-30 | Judgment on leave sent to the parties | |
| 2024-05-30 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Supreme Court of British Columbia, Number 27733, 2023 BCSC 2335, dated December 15, 2023, is quashed pursuant to s. 44 of the Supreme Court Act. Quashed |
|
| 2024-04-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-03-25 | Applicant's reply to respondent's argument, (Book Form), ., Completed on: 2024-04-24 | James Ellingson |
| 2024-03-14 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2024-03-21) | Attorney General of Canada on behalf of the United States of America |
| 2024-03-14 | Respondent's response on the application for leave to appeal, (Book Form), Missing proof of service (Rec'd 2024-03-19), Completed on: 2024-03-19, (Printed version filed on 2024-03-15) | Attorney General of Canada on behalf of the United States of America |
| 2024-02-27 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-02-13 | Certificate (on limitations to public access), 23B | James Ellingson |
| 2024-02-13 | Certificate (on limitations to public access), 23A | James Ellingson |
| 2024-02-13 |
Application for leave to appeal, (Book Form), Missing: - Proof of service - Filing fee (Rec'd 2024-03-15), Completed on: 2024-04-24, (Printed version filed on 2024-02-20) |
James Ellingson |
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 |
|---|---|---|
| Ellingson, James | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada on behalf of the United States of America | Respondent | Active |
Counsel
Party: Ellingson, James
Counsel
Joshua D. Oppal
1122 Mainland Street
Suite 335
Vancouver, British Columbia
V6B 5L1
Telephone: (614) 687-7078
FAX: (604) 687-3022
Email: mbolton@bolton-law.ca
Party: Attorney General of Canada on behalf of the United States of America
Counsel
900-840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Email: Rachel.Enoch@justice.gc.ca
Agent
Department of Justice Canada
50 O'Connor Street, Suite 500, room 556
Ottawa, Ontario
K2P 6L2
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Criminal law — Extradition — Committal hearings — Evidence — Whether committal hearing judge erred in declining to order production of the third party records necessary for a fair extradition hearing — Whether committal hearing judge erred in holding that person sought not entitled to disclosure of material going to manifest reliability of the evidence for committal?
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.
Mr. Ellingson is being sought for extradition by the United States of America for alleged conduct corresponding to trafficking in controlled substances and selling a substance represented or held out to be cannabis. The committal hearing will proceed on a record of the case and a supplemental record of the case. Mr. Ellingson applied for an order requiring the Vancouver Police Department produce material relating to two men who are not co-accused. The committal judge denied a production order. Mr. Ellingson does not have a right to appeal to the British Columbia Court of Appeal.
Lower court rulings
Application for disclosure 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