Case information
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41410
Peter Nygard v. United States of America, et al.
(Manitoba) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-11-29 | Close file on Leave | |
| 2024-11-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-11-28 | Judgment on leave sent to the parties | |
| 2024-11-28 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AR22-30-09757, 2024 MBCA 37, dated May 3, 2024, is dismissed without costs. Dismissed, without costs |
|
| 2024-11-28 | Decision on motion to extend time to file and /or serve the leave application, See decision on application | |
| 2024-10-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-10-21 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-10-07 | Certificate (on limitations to public access), Form 23B, (Printed version filed on 2024-10-07) | Peter Nygard |
| 2024-10-07 |
Reply to the motion to extend time to file and/ or serve the leave application, Joint reply for the response and response to motion for extension of time , Completed on: 2024-10-07, (Printed version filed on 2024-10-07) |
Peter Nygard |
| 2024-10-07 | Applicant's reply to respondent's argument, (Book Form), Joint reply for the response and response to motion for extension of time, Completed on: 2024-10-07, (Printed version filed on 2024-10-07) | Peter Nygard |
| 2024-10-03 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2024-10-03, (Printed version due on 2024-10-10) | United States of America |
| 2024-10-03 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2024-10-10) | United States of America |
| 2024-10-03 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2024-10-10) | United States of America |
| 2024-10-03 |
Respondent's response on the application for leave to appeal, (Letter Form), Missing: -Proof of service (rec'd 2024-10-03), Completed on: 2024-10-03, (Printed version due on 2024-10-10) |
United States of America |
| 2024-09-03 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2024-09-03 | |
| 2024-08-30 | 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: 2024-09-03, (Printed version filed on 2024-08-30) | Peter Nygard |
| 2024-08-30 | Certificate (on limitations to public access), Form 23B (amended version filed on Sept. 17, 2024), (Printed version filed on 2024-08-30) | Peter Nygard |
| 2024-08-30 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-08-30) | Peter Nygard |
| 2024-08-30 | Application for leave to appeal, (Book Form), Completed on: 2024-09-19, (Printed version filed on 2024-08-30) | Peter Nygard |
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 |
|---|---|---|
| Nygard, Peter | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| United States of America | Respondent | Active |
| Minister of Justice | Respondent | Active |
Counsel
Party: Nygard, Peter
Counsel
Ellen C. Williams
20 Adelaide Street East
Suite 210
Toronto, Ontario
M5C 2T6
Telephone: (416) 368-1726
FAX: (416) 368-6811
Email: info@alandgoldlaw.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: United States of America
Counsel
Sean Sass
Willemien Kruger
601-400 St. Mary Avenue
Winnipeg, Manitoba
R3C 4K5
Telephone: (204) 914-6795
FAX: (204) 983-3636
Email: Brenna.Dixon@justice.gc.ca
Agent
Department of Justice Canada
50 O'Connor Street, Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Minister of Justice
Counsel
Sean Sass
Willemien Kruger
601-400 St. Mary Avenue
Winnipeg, Manitoba
R3C 4K5
Telephone: (204) 914-6795
FAX: (204) 983-3636
Email: Brenna.Dixon@justice.gc.ca
Agent
Department of Justice Canada
50 O'Connor Street, Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Extradition — Double criminality — Whether an order for surrender can be valid if the Minister of Justice fails to consider the essence of the foreign offence — How to determine the essence of a foreign offence as required by Canada (Justice) v. Fischbacher, 2009 SCC 46 — Whether a charge in the United States of America under the Racketeer Influenced and Corrupt Organizations Act can ever be the basis of extradition from Canada because in its essence it has no counterpart in any Canadian offence?
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.
(PUBLICATION BAN IN CASE)
The United States of America seeks Mr. Nygard’s extradition to stand trial in New York on a nine-count indictment. One count charges conspiracy to commit racketeering in violation of Title 18, United States Code. Mr. Nygard consented to committal but opposed surrender on the racketeering count as offending the double criminality principle. The Minister of Justice ordered surrender on all counts in the indictment. The Court of Appeal dismissed an appeal.
Lower court rulings
Minister of Justice (Manitoba)
Order to surrender for extradition
Court of Appeal of Manitoba
AR22-30-09757, 2024 MBCA 37
Application for judicial review 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
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