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.
32646
United States of America, et al. v. Henry Anekwu
(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) |
|---|---|---|
| 2009-12-14 | Appeal closed | |
| 2009-12-14 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2009-12-14 | Notice of deposit of judgment sent to all parties | |
| 2009-12-11 |
Decision on the motion for a re-hearing of the appeal, CJ Bi LeB De F Abe Cha Ro Cro, The motion for a re-hearing to amend the judgment of the Supreme Court of Canada dated September 24, 2009 is dismissed without costs. Dismissed, without costs |
|
| 2009-11-30 | Correspondence received from, Mr. Sean Hern dated Nov. 30/09 in response to the Registrar's letter of Nov. 10/09 re: has no additional argument to make (sent to the Court Dec. 3/09) | Henry Anekwu |
| 2009-11-10 | Correspondence (sent by the Court) to, the parties (by the Registrar) requesting further submissions from the respondent by Dec. 1/09 | |
| 2009-10-28 | All material on motion for a re-hearing of the appeal submitted to Justices, CJ Bi LeB De F Abe Cha Ro Cro | |
| 2009-10-16 | Response to the motion for a re-hearing of the appeal, (second response) from Jeffrey G. Johnson dated Oct. 16/09, Completed on: 2009-10-16 | United States of America |
| 2009-10-02 | Response to the motion for a re-hearing of the appeal, (Letter Form), Completed on: 2009-10-02 | United States of America |
| 2009-10-01 | Motion for a re-hearing of the appeal, (15 copies), Completed on: 2009-10-02 | Henry Anekwu |
| 2009-09-25 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2009-09-25 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2009-09-24 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA034414, 2008 BCCA 138, dated April 1, 2008, heard on February 10, 2009, is allowed. The committal and surrender orders are restored. Allowed |
|
| 2009-02-26 | Transcript received, (59 pages) | |
| 2009-02-10 | Judgment reserved OR rendered with reasons to follow | |
| 2009-02-10 |
Hearing of the appeal, 2009-02-10, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2009-02-10 | Appellant's condensed book, Filed in Court Feb. 10/09 | United States of America |
| 2009-02-10 | Respondent's condensed book, Filed in Court Feb. 10/09 | Henry Anekwu |
| 2009-02-10 | Acknowledgement and consent for video taping of proceedings, All parties consent | |
| 2009-01-29 | Notice of appearance, Janet Henchey and Jeffrey G. Johnston will be appearing | United States of America |
| 2009-01-22 | Notice of appearance, Sean Hern and Tim Dickson will be present at the hearing. | Henry Anekwu |
| 2009-01-16 | Respondent's book of authorities, New CD rec'd Jan. 23/09, Completed on: 2009-01-23 | Henry Anekwu |
| 2009-01-16 | Respondent's factum, Completed on: 2009-01-16 | Henry Anekwu |
| 2009-01-07 | Appeal perfected for hearing | |
| 2008-12-17 | Notice of hearing sent to parties | |
| 2008-11-24 | Notice of hearing sent to parties | |
| 2008-11-24 |
Appeal hearing scheduled, 2009-02-10 Judgment reserved |
|
| 2008-11-03 | Appellant's book of authorities, (15 copies), Completed on: 2008-11-03 | United States of America |
| 2008-11-03 | Appellant's factum, Completed on: 2008-11-03 | United States of America |
| 2008-10-28 | Appellant's record, Service missing - Rec'd on November 3, 2008, Completed on: 2008-11-03 | United States of America |
| 2008-09-30 | Order on motion to extend time to serve and/or file notice of appeal | |
| 2008-09-30 |
Decision on motion to extend time to serve and/or file notice of appeal, to Sept. 19/08, Bi Granted |
|
| 2008-09-30 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Bi | |
| 2008-09-19 | Response to motion to extend time to serve and/or file notice of appeal, Completed on: 2008-09-19 | Henry Anekwu |
| 2008-09-19 | Motion to extend the time to serve and/or file the notice of appeal, Completed on: 2008-09-19 | United States of America |
| 2008-09-19 | Notice of appeal, cd missing- rec'd Oct. 2/08 with service, Completed on: 2008-09-19 | United States of America |
| 2008-09-10 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2008-08-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2008-08-15 | Judgment on leave sent to the parties | |
| 2008-08-14 |
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 CA034414, 2008 BCCA 138, dated April 1, 2008, is granted. Granted |
|
| 2008-06-23 | All materials on application for leave submitted to the Judges, CJ F Ro | |
| 2008-06-20 | Applicant's reply to respondent's argument, (Letter Form), Will not be filing a reply, Completed on: 2008-06-20 | United States of America |
| 2008-06-19 | Respondent's response on the application for leave to appeal, Completed on: 2008-06-19 | Henry Anekwu |
| 2008-05-22 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2008-05-21 | Application for leave to appeal, Completed on: 2008-05-21 | United States of America |
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 |
|---|---|---|
| United States of America | Appellant | Active |
| Canada (Minister of Justice) | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Anekwu, Henry | Respondent | Active |
Counsel
Party: United States of America
Counsel
Jeffrey G. Johnston
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 948-3003
FAX: (613) 957-8412
Email: janet.henchey@justice.gc.ca
Agent
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: Canada (Minister of Justice)
Counsel
Jeffrey G. Johnston
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 948-3003
FAX: (613) 957-8412
Email: janet.henchey@justice.gc.ca
Agent
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: Anekwu, Henry
Counsel
Tim Dickson
Box 10026, Pacific Ctr. S., TD Bank Twr.
2500 - 700 West Georgia Street
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
Email: shern@farris.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
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.
Criminal law - Extradition - Whether the Court of Appeal erred in its interpretation of s. 32(2) of the Extradition Act, S.C. 1999, c. 18, in holding that a hearsay summary of evidence gathered in Canada contained in a record of the case does not “satisfy the rules of evidence under Canadian law” within the meaning of this subsection.
The Respondent is being sought by the requesting state to stand trial on charges relating to fraudulent telemarketing activities that targeted elderly U.S. residents. The requesting state tendered evidence in support of the Respondent’s committal in the form of a record of the case. Much of the evidence summarized in the record of the case was gathered in Canada. The Respondent’s committal was ordered. On appeal, the Respondent’s appeal of the committal order was allowed.
Lower court rulings
Supreme Court of British Columbia
23649, 2008 BCSC 1363
Respondent’s committal ordered
Court of Appeal for British Columbia (Vancouver)
CA034414, 2008 BCCA 138
Appeal allowed
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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
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