Case information
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30998
(Jose) Raul Monter Ortega, et al. v. Attorney General of Canada on behalf of the United Mexican States, et al.
(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) |
|---|---|---|
| 2006-10-13 | Correspondence (sent by the Court) to, R. Frater, R. Peck and D. Martin, from A. Roland re: no changes to judgments | |
| 2006-09-13 | Record returned to the Registrar of the Court of Appeal | |
| 2006-08-04 | Correspondence received from, Robert Frater dated Aug. 4/06 in reply to Mr. Peck's letter of Aug. 3/06 (sent to the Court Sept. 29/06) | Attorney General of Canada on behalf of the United Mexican States |
| 2006-08-04 | Correspondence received from, David J. Martin dated Aug. 3/06 re: adopts Mr. Peck's submissions (sent to the Court Sept. 29/06) | Robert Shull |
| 2006-08-03 | Correspondence received from, Richard C.C. Peck, Q.C. dated Aug. 3/06 in response to Mr. Frater's letter of July 27/06 (sent to the Court Sept. 29/06) | (Jose) Raul Monter Ortega |
| 2006-07-27 | Correspondence received from, Robert Frater dated July 27/06 re: errors in judgment (sent to the Court Sept. 29/06) | Attorney General of Canada on behalf of the United Mexican States |
| 2006-07-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-07-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-07-21 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeals from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA031671,CA032188, CA032189 and CA032190, 2005 BCCA 270, dated May 17, 2005, heard on March 23, 2006, are allowed and these cases are returned to the extradition judges for determination in accordance with the interpretation of the Extradition Act set out in United States of America v. Ferras; United States of America v. Latty, 2006 SCC 33. The constitutional questions are answered as follows: 1. Does s. 32(1)(b) of the Extradition Act, S.C. 1999, c. 18, in whole or in part, infringe the rights and freedoms guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms? Answer: No. 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Answer: It is unnecessary to answer this question. Allowed |
|
| 2006-03-28 | Transcript received, (65 pages) | |
| 2006-03-23 | Judgment reserved OR rendered with reasons to follow | |
| 2006-03-23 | Respondent's condensed book, Submitted in Court (14 copies) | Attorney General of Canada on behalf of the United Mexican States |
| 2006-03-23 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2006-03-23 |
Hearing of the appeal, 2006-03-23, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2006-03-06 | Notice of appearance, Richard C.C. Peck, Q.C., Eric V. Gottardi and David J. Martin will be present at the hearing. | (Jose) Raul Monter Ortega |
| 2006-03-03 | Notice of appearance, Robert Frater and Janet Henchey will be present at the hearing. | Attorney General of Canada on behalf of the United States of America |
| 2006-02-16 | Respondent's book of authorities, Vol. I to V, Completed on: 2006-02-16 | Attorney General of Canada on behalf of the United Mexican States |
| 2006-02-16 | Respondent's factum, Completed on: 2006-02-16 | Attorney General of Canada on behalf of the United Mexican States |
| 2006-02-15 | Appeal perfected for hearing | |
| 2005-12-20 | Appellant's book of authorities, Completed on: 2005-12-20 | (Jose) Raul Monter Ortega |
| 2005-12-20 | Appellant's record, Completed on: 2005-12-20 | Robert Shull |
| 2005-12-20 | Appellant's record, Completed on: 2005-12-20 | (Jose) Raul Monter Ortega |
| 2005-12-20 | Appellant's factum, (CD rec'd Dec. 28/05), Completed on: 2006-01-03 | Robert Shull |
| 2005-12-20 | Appellant's factum, (CD requested - recvd Dec. 21/05), Completed on: 2005-12-22 | (Jose) Raul Monter Ortega |
| 2005-12-09 | Notice of constitutional question(s), (Served on all AGs) | Robert Shull |
| 2005-12-09 | Notice of constitutional question(s), (served on all AGs) | (Jose) Raul Monter Ortega |
| 2005-12-08 | Notice of hearing sent to parties | |
| 2005-12-08 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2005-12-07 | Notice of change of counsel, from Deborah Starchan to Robert Frater (by e-mail) | Attorney General of Canada on behalf of the United Mexican States |
| 2005-12-07 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2005-12-07 |
Decision on the motion to state a constitutional question, CJ, 1. Does s. 32(1)(b) of the Extradition Act, S.C. 1999, c. 18, in whole or in part, infringe the rights and freedoms guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? IT IS FURTHER ORDERED THAT: 1. The appellants' factum, record and book of authorities shall be served and filed on or before December 21, 2005. 2. The respondents' factum, record and book of authorities shall be served and filed on or before February 16, 2006. 3. Any notices of intervention relating to the constitutional questions shall be served and filed on or before January 3, 2006. 4. Any person interested in applying for leave to intervene shall serve and file their motion on or before January 19, 2006. 5. Any interveners under Rule 55, shall serve and file their factum and book of authorities on or before March 8, 2006. 6. Any interveners under Rule 60, shall serve and file their factum and book of authorities on or before March 8, 2006. 7. This appeal shall be heard on March 23, 2006. Granted |
|
| 2005-12-06 |
Appeal hearing scheduled, 2006-03-23 Judgment reserved |
|
| 2005-11-25 | Appeal court record, (1 large envelope) | |
| 2005-11-24 | Submission of motion to state a constitutional question, CJ | |
| 2005-11-17 | Response to the motion to state a constitutional question, (Letter Form), from Robert Frater dated Nov. 17/05, Completed on: 2005-11-17 | Attorney General of Canada on behalf of the United Mexican States |
| 2005-11-10 | Supplemental document, appellants' memorandum of argument on motion to state a Const. Q. | (Jose) Raul Monter Ortega |
| 2005-11-10 | Motion to state a constitutional question, Completed on: 2005-11-18 | (Jose) Raul Monter Ortega |
| 2005-11-10 | Notice of appeal, Completed on: 2005-11-10 | Leonard Fiessel |
| 2005-11-10 | Notice of appeal, Completed on: 2005-11-10 | Terry Shull |
| 2005-11-10 | Notice of appeal, Completed on: 2005-11-10 | Robert Shull |
| 2005-11-10 | Notice of appeal, Completed on: 2005-11-10 | (Jose) Raul Monter Ortega |
| 2005-10-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-10-21 | Judgment on leave sent to the parties | |
| 2005-10-20 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgments of the Court of Appeal for British Columbia (Vancouver), Numbers CA031671,CA032188, CA032189 and CA032190, 2005 BCCA 270, dated May 17, 2005, is granted. Granted |
|
| 2005-08-08 | All materials on application for leave submitted to the Judges, CJ Bi Cha | |
| 2005-08-08 | Submission of motion to expedite the application for leave to appeal, CJ Bi Cha | |
| 2005-07-25 | Applicant's reply to respondent's argument, Completed on: 2005-07-25 | (Jose) Raul Monter Ortega |
| 2005-07-20 | Respondent's response on the application for leave to appeal, Completed on: 2005-07-20 | Attorney General of Canada on behalf of the United Mexican States |
| 2005-06-23 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2005-06-21 | Correspondence received from, D.J. Martin enclosing changes to be made in the leave application and confirming will not amend Memorandum of Argument (David J. Martin Law Corporation retained as co-counsel) | Robert Shull |
| 2005-06-21 | Motion to expedite the application for leave to appeal, and to be heard with Ferras (30211) and Latty (30295), Completed on: 2005-06-21 | (Jose) Raul Monter Ortega |
| 2005-06-20 | Application for leave to appeal, (C/A and T/C Order requested - rec'd. June 29/05) (new covers requested - replaced Aug. 11/05), Completed on: 2005-06-29 | (Jose) Raul Monter Ortega |
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 |
|---|---|---|
| Ortega, (Jose) Raul Monter | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada on behalf of the United Mexican States | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Shull, Robert | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada on behalf of the United States of America | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Shull, Terry | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada on behalf of the United States of America | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Leonard Fiessel | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada on behalf of the United States of America | Respondent | Active |
Counsel
Party: Ortega, (Jose) Raul Monter
Counsel
David J. Martin
610 - 744 West Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: rpeck@peckandcompany.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Leonard Fiessel
Counsel
Richard C.C. Peck, Q.C.
760 - 1040 W. Georgia Street
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 682-4200
FAX: (604) 682-4209
Email: reception@martinlc.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Shull, Robert
Counsel
Richard C.C. Peck, Q.C.
760 - 1040 W. Georgia Street
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 682-4200
FAX: (604) 682-4209
Email: reception@martinlc.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Shull, Terry
Counsel
Richard C.C. Peck, Q.C.
760 - 1040 W. Georgia Street
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 682-4200
FAX: (604) 682-4209
Email: reception@martinlc.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Attorney General of Canada on behalf of the United Mexican States
Counsel
Janet Henchey
Bank of Canada Building
234 Wellington Street, Room 1161
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Party: Attorney General of Canada on behalf of the United States of America
Counsel
Janet Henchey
Bank of Canada Building
234 Wellington Street, Room 1161
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Summary
Keywords
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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 Applicants are sought by an extradition partner relying on evidence adduced under s. 32(1)(b) of the Extradition Act, S.C. 1999, c. 18. They contest the constitutionality of that provision. Koenigsberg J. (with respect to Monter Ortega), followed by Goepel J. (with respect to Fiessel, Shull and Shull), held that the impugned provision was unconstitutional unless read subject to s. 33(3) of the Act (in particular, the requesting state’s obligation to certify that the extradition evidence is available for trial). Hearing all the appeals together, a majority of the Court of Appeal upheld the constitutionality of the provision.
Lower court rulings
Supreme Court of British Columbia
Respondent Attorney General of Canada's application for extradition of the Appellant Ortega dismissed; order for extradition stayed for 30 days.
Supreme Court of British Columbia
CC991440
Respondent United States of America's application for extradition dismissed; motion of the applicants Fiessel, Robert Shull and Terry Shull to exclude evidence on the ground that s. 32(1)(b) of the Extradition Act is unconstitutional granted
Court of Appeal for British Columbia (Vancouver)
CA031671,CA032188, CA032189,, CA032190, 2005 BCCA 270
Appeals allowed; cases remitted to extradition judges; motion of the Appellants Fiessel, Robert Shull and Terry Shull to exclude evidence on the grounds that s. 32(1)(b) of the Extradition Act is unconstitutional granted
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