Case information
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33313
Tiberiu Gavrila v. Minister of Justice (Canada)
(Quebec) (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) |
|---|---|---|
| 2010-12-02 | Appeal closed | |
| 2010-11-26 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2010-11-26 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2010-11-25 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-004198-089, 2009 QCCA 1288, dated June 30, 2009, heard on January 13, 2010, is allowed with no order as to costs. The decision of the Court of Appeal and the Minister of Justice’s order of surrender are set aside. The matter is remitted to the Minister of Justice for reconsideration. Allowed, no order as to costs |
|
| 2010-02-03 | Transcript received, (93 pages) | |
| 2010-01-13 | Judgment reserved OR rendered with reasons to follow | |
| 2010-01-13 | Intervener's condensed book, Submitted in Court (14 copies) | Amnesty International (Canada Section) |
| 2010-01-13 | Respondent's condensed book, Submitted in Court - Joint with 33016 (14 copies) | Minister of Justice (Canada) |
| 2010-01-13 | Appellant's condensed book, Submitted in Court (14 copies) | Tiberiu Gavrila |
| 2010-01-13 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2010-01-13 |
Hearing of the appeal, 2010-01-13, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2010-01-11 | Respondent's book of authorities, With Reply factum - original service rec'd Jan. 28/10, Completed on: 2010-01-11 | Minister of Justice (Canada) |
| 2010-01-11 | Reply factum on appeal, Original service rec'd Jan. 28/10, Completed on: 2010-01-11 | Minister of Justice (Canada) |
| 2010-01-11 | Notice of appearance, Johanne Doyon, Elaine Doyon and Dan Bohbot will be present at the hearing. | Association québécoise des avocats et avocates en droit de l'immigration |
| 2010-01-11 | Notice of appearance, Sukanya Pillay will be present at the hearing. | Canadian Civil Liberties Association |
| 2010-01-11 | Notice of appearance, Lorne Waldman and Jacqueline Swaisland will be present at the hearing. | Amnesty International (Canada Section) |
| 2010-01-08 |
Order by, Cro, FURTHER TO THE ORDER dated November 25, 2009, granting leave to intervene to the Barreau du Québec and the Canadian Council for Refugees in the appeal of Jòszef Németh and Jòszefne Németh (a.k.a. Jòszefne Nagy Szidonia) v. The Minister of Justice of Canada (33016); AND FURTHER TO THE ORDER dated December 23, 2009, granting leave to the Association québécoise des avocats et avocates en droit de l'immigration to intervene in the appeal of Jòszef Németh and Jòszefne Németh (a.k.a. Jòszefne Nagy Szidonia) v. The Minister of Justice of Canada (33016) as well as in the appeal of Tiberiu Gavrila v. The Minister of Justice of Canada (33313); AND FURTHER TO THE ORDER dated December 23, 2009, granting leave to intervene to the Canadian Civil Liberties Association and the Amnesty International (Canada Section) in the appeal of Tiberiu Gavrila v. The Minister of Justice of Canada (33313); IT IS HEREBY FURTHER ORDERED THAT the five groups of interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. Granted |
|
| 2010-01-07 | Intervener's book of authorities, (2 volumes), Completed on: 2010-01-07 | Amnesty International (Canada Section) |
| 2010-01-07 | Intervener's factum, Completed on: 2010-01-07 | Amnesty International (Canada Section) |
| 2010-01-07 | Intervener's book of authorities, CD rec'd Jan. 11/10 - Filing Form to follow - Rec'd on Feb. 8, 2010, Completed on: 2010-01-07 | Canadian Civil Liberties Association |
| 2010-01-07 | Intervener's factum, CD rec'd Jan. 11/10 - Filing Form to follow - Rec'd on Feb. 8, 2010, Completed on: 2010-02-09 | Canadian Civil Liberties Association |
| 2010-01-06 | Intervener's book of authorities, Joint with 33016 - Vol. 1 and 2 - service rec'd Jan. 7/10, Completed on: 2010-01-08 | Association québécoise des avocats et avocates en droit de l'immigration |
| 2010-01-06 | Intervener's factum, Joint with 33016 - service rec'd Jan. 7/10, Completed on: 2010-01-08 | Association québécoise des avocats et avocates en droit de l'immigration |
| 2009-12-31 | Appeal perfected for hearing | |
| 2009-12-30 | Respondent's book of authorities, Completed on: 2009-12-30 | Minister of Justice (Canada) |
| 2009-12-30 | Respondent's record, (2 volumes), Completed on: 2009-12-30 | Minister of Justice (Canada) |
| 2009-12-30 | Respondent's factum, Completed on: 2009-12-30 | Minister of Justice (Canada) |
| 2009-12-23 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2009-12-23 |
Decision on the motion for leave to intervene, Ro, The motion for leave to intervene of the Association québécoise des avocats et avocates en droit de l'immigration is granted and the said intervener shall be entitled to each serve and file joint factum not to exceed 10 pages in length on or before January 7, 2010 in this appeal and in the appeal of Jòszef Németh and Jòszefne Németh (a.k.a. Jòszefne Nagy Szidonia) v. The Minister of Justice of Canada (33016). The motion for leave to intervene of Amnesty International (Canada Section) is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before January 7, 2010. The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Canadian Civil Liberties Association is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before January 7, 2010. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. IT IS FURTHER ORDERED THAT: The respondent is granted permission to file a reply factum to the interventions not to exceed 5 pages in length on or before January 11, 2010. Granted |
|
| 2009-12-23 | Submission of motion for leave to intervene, Ro | |
| 2009-12-21 | Reply to the motion for leave to intervene, (Letter Form), from Lorne Waldman dated Dec. 21/09, Completed on: 2009-12-21 | Amnesty International (Canada Section) |
| 2009-12-21 | Reply to the motion for leave to intervene, Completed on: 2009-12-21 | Canadian Civil Liberties Association |
| 2009-12-21 | Response to the motion for leave to intervene, (Letter Form), from Johanne Doyon dated Dec. 18/09 (by AQAADI), Completed on: 2009-12-21 | Tiberiu Gavrila |
| 2009-12-18 | Response to the motion for leave to intervene, (Letter Form), from Ginette Gobeil dated Dec. 18/09 (by all interveners), Completed on: 2009-12-18 | Minister of Justice (Canada) |
| 2009-12-17 | Motion for leave to intervene, (bookform) (joint with an extension of time), Completed on: 2009-12-17 | Canadian Civil Liberties Association |
| 2009-12-15 | Motion for leave to intervene, (bookform)(amended page 6 rec'd Dec. 15/09), Completed on: 2009-12-15 | Association québécoise des avocats et avocates en droit de l'immigration |
| 2009-12-14 | Motion for leave to intervene, Completed on: 2009-12-14 | Amnesty International (Canada Section) |
| 2009-12-14 | Notice of appearance, Ginette Gobeil and Janet Henchey will be present at the hearing. | Minister of Justice (Canada) |
| 2009-12-11 | Notice of appearance, Stéphane Handfield and Dimitrios Strapatsas will be appearing | Tiberiu Gavrila |
| 2009-12-10 | Appellant's book of authorities, Completed on: 2009-12-10 | Tiberiu Gavrila |
| 2009-12-10 | Appellant's record, (3 volumes), Completed on: 2009-12-10 | Tiberiu Gavrila |
| 2009-12-10 | Appellant's factum, Completed on: 2009-12-10 | Tiberiu Gavrila |
| 2009-12-03 | Notice of hearing sent to parties | |
| 2009-12-01 | Notice of appeal, Completed on: 2009-12-01 | Tiberiu Gavrila |
| 2009-11-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-11-30 | Judgment on leave sent to the parties | |
| 2009-11-27 | Correspondence (sent by the Court) to, all parties, by fax, Nov-27-09, re: filing dates: Motion for leave to Intervene due Dec-15-09, response on intervention due Dec-18-09 and reply on Dec-21-09. If intervention is granted, Intervener’s documents due Jan-7-10 | |
| 2009-11-27 |
Appeal hearing scheduled, 2010-01-13, (Starting time 9:00 a.m.) Judgment reserved |
|
| 2009-11-27 |
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 of Quebec (Montréal), Number 500-10-004198-089, 2009 QCCA 1288, dated June 30, 2009, is granted without costs. The appeal is to be heard with Jószef Németh and Jószefne Németh (a.k.a. Jószefne Nagy Szidonia) v. Minister of Justice of Canada (33016) on January 13, 2010, and the schedule for serving and filing the material and any application for leave to intervene shall be set by the Registrar. Filing dates: Notice of Appeal to be served and filed no later than December 1, 2009. Appellant's Record, Factum, and Book of Authorities to be served and filed no later than December 11, 2009. Notice(s) of motion for leave to intervene, if any, to be served and filed no later than December 15, 2009. Any response to the notice(s) of motion for leave to intervene to be served and filed no later than December 18, 2009. Any reply to the response to the notice(s) of motion for leave to intervene to be served and filed no later than December 21, 2009. Respondent's Record, Factum and Book of Authorities to be served and filed no later than January 4, 2010. If leave to intervene is granted, Intervener`s Factum and Book of Authorities to be served and filed no later than January 7, 2010. The appeal is scheduled to be heard on January 13, 2010 and will be heard with Jószef Németh, et al. v. Minister of Justice of Canada. Granted, without costs |
|
| 2009-11-09 | All materials on application for leave submitted to the Judges, Bi F Cha | |
| 2009-11-06 | Applicant's reply to respondent's argument, Completed on: 2009-11-06 | Tiberiu Gavrila |
| 2009-10-28 | Respondent's response on the application for leave to appeal, Completed on: 2009-10-28 | Minister of Justice (Canada) |
| 2009-10-01 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2009-09-29 | Application for leave to appeal, Completed on: 2009-09-29 | Tiberiu Gavrila |
| 2009-07-29 | Notice of application for leave to appeal, Form 25-B rec'd on Sept. 4, 2009, Completed on: 2009-07-29 | Tiberiu Gavrila |
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 |
|---|---|---|
| Gavrila, Tiberiu | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Justice (Canada) | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Amnesty International (Canada Section) | Intervener | Active |
| Association québécoise des avocats et avocates en droit de l'immigration | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
Counsel
Party: Gavrila, Tiberiu
Counsel
Dimitrios Strapatsas
83, St-Paul Ouest
Montréal, Quebec
H2Y 1Z1
Telephone: (514) 288-6070
FAX: (514) 842-8055
Agent
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com
Party: Minister of Justice (Canada)
Counsel
Janet Henchey
Complexe Guy Favreau
200, boul. René Lévesque Ouest, 9e Étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 496-8115
FAX: (514) 283-3856
Email: ginette.gobeil@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: Association québécoise des avocats et avocates en droit de l'immigration
Counsel
Dan Bohbot
Elaine Doyon
6337, rue Saint-Denis
Montréal, Quebec
H2S 2R8
Telephone: (514) 277-4077 Ext: 1896
FAX: (514) 277-2019
Email: medoyon@dmdavocats.com
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Amnesty International (Canada Section)
Counsel
Jacqueline Swaisland
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
Telephone: (416) 482-6501
FAX: (416) 489-9618
Email: lorne@waldmanlaw.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Canadian Civil Liberties Association
Counsel
506 - 360 Bloor Street West
Toronto, Ontario
M5S 1X1
Telephone: (416) 363-0321
FAX: (416) 861-1291
Email: pillay@ccla.org
Agent
470 Somerset Street West
Ottawa, Ontario
K1R 5J8
Telephone: (613) 288-2890
FAX: (613) 288-2896
Email: email@lgreenspon.com
Summary
Keywords
None.
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 - Judicial review of decision of Minister of Justice ordering surrender of Appellant to Romania - Immigration and Refugee Board (IRB) determining that Appellant had refugee status - Parallel between Immigration and Refugee Protection Act and Extradition Act - Whether Court of Appeal erred in finding that Minister of Justice could order Appellant’s extradition - Whether Minister fairly considered all evidence - Whether Minister of Justice could order Appellant’s extradition without taking into account interests of his child and spouse.
Tiberiu Gavrila came to Canada in 2004 and claimed refugee status, alleging that he had been persecuted in Romania because of his ethnicity and his activities in a Roma advocacy association. The IRB allowed his claim for refugee protection. The Romanian authorities later sought his extradition to serve a prison sentence on a conviction for forging visas in Romania.
Mr. Gavrila contested his extradition, arguing, inter alia, that he was at risk of being mistreated. The Minister of Justice ordered his surrender. Mr. Gavrila applied to the Court of Appeal for judicial review of the surrender order.
Lower court rulings
Minister of Justice (Quebec)
Extradition du demandeur ordonnée (voir dossier)
Court of Appeal of Quebec (Montréal)
500-10-004198-089
Rejetté
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.
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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.
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