Case information
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34009
Suresh Sriskandarajah v. United States of America, et al.
(Ontario) (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) |
|---|---|---|
| 2012-12-20 | Appeal closed | |
| 2012-12-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-12-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-12-14 |
Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Ka, The appeal from the judgment of the Court of Appeal for Ontario, Numbers C50140 and C51419, 2010 ONCA 857, dated December 17, 2010, heard on June 11, 2012, is dismissed and the order of surrender confirmed. Dismissed |
|
| 2012-09-26 | Supplemental document, Supplemental authority, Completed on: 2012-09-26 | Suresh Sriskandarajah |
| 2012-08-02 | Media lock-up request accepted | |
| 2012-07-23 | Media lock-up consent form received from, Nancy Dennison | United States of America |
| 2012-07-23 | Media lock-up consent form received from, John Norris | Suresh Sriskandarajah |
| 2012-07-16 | Media lock-up consent form received from, Lawrence Greenspon | Canadian Civil Liberties Association |
| 2012-07-11 | Media lock-up letter, consent form and undertaking sample sent to all parties | |
| 2012-07-06 | Media lock-up requested or proposed | |
| 2012-06-26 | Transcript received, (117 pages) | |
| 2012-06-11 | Judgment reserved OR rendered with reasons to follow | |
| 2012-06-11 | Appellant's condensed book, Submitted in Court - Joint with 34013 (14 copies) | Suresh Sriskandarajah |
| 2012-06-11 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2012-06-11 |
Hearing of the appeal, 2012-06-11, CJ LeB F Abe Ro Cro Ka Judgment reserved |
|
| 2012-06-06 | Notice of appearance, Michael Bernstein will be present at the hearing. | Attorney General of Ontario |
| 2012-05-31 | Notice of appearance, Anil Kapoor and Lindsay Daviau will be appearing | Canadian Civil Liberties Association |
| 2012-05-31 | Notice of appearance, John Norris and Brydie Bethell will be present at the hearing. | Suresh Sriskandarajah |
| 2012-05-30 | Notice of appearance, Croft Michaelson, Nancy Dennison and Sean Gaudet will be present at the hearing. | United States of America |
| 2012-05-30 | Correspondence received from, Robert Frater dated May 30 ,2012. Re: Proposal of allocation of time | United States of America |
| 2012-05-28 | Order on motion to extend time | |
| 2012-05-28 |
Decision on motion to extend time, for the A.G. of ON to serve and filed its factum to May 14/12, its book of authorities to May 15/12, and for an for an order pursuant to Rule 71(3) permitting oral argument at the hearing of the appeal (joint with 34103-013), Ka Granted |
|
| 2012-05-28 | Submission of motion to extend time, Ka | |
| 2012-05-28 |
Order by, (joint with 34013-103), Ka, FURTHER TO THE ORDER dated April 20, 2012, granting leave to intervene to the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association and the Groupe d'étude en droits et libertés de la Faculté de droit de l'Université Laval; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. Granted, no order as to costs |
|
| 2012-05-24 | Intervener's book of authorities, (Joint with 34013-34103) CD rec'd May 28/12, Completed on: 2012-05-24 | British Columbia Civil Liberties Association |
| 2012-05-24 | Intervener's factum, (Joint with 34013-34103) CD rec'd May 28/12, Completed on: 2012-05-24 | British Columbia Civil Liberties Association |
| 2012-05-24 | Intervener's book of authorities, Joint with 34013 and 34103, Completed on: 2012-05-24 | Canadian Civil Liberties Association |
| 2012-05-24 | Intervener's factum, (joint with 34013 and 34103), Completed on: 2012-05-24 | Canadian Civil Liberties Association |
| 2012-05-24 | Correspondence received from, Request for 6 reserved seats | Suresh Sriskandarajah |
| 2012-05-23 | Response to motion to extend time, of AGON rec'd by email with cc. to all parties re: consent (joint with 34013), Completed on: 2012-05-23 | United States of America |
| 2012-05-22 | Response to motion to extend time, (Letter Form), to AGON rec'd by email with cc. to all parties re: consent (Joint with 34013), Completed on: 2012-05-22 | Suresh Sriskandarajah |
| 2012-05-18 | Motion to extend time, (joint with 34103-013) on behalf of the A.G. of ON to serve and filed its factum to May 14/12, its book of authorities to May 15/12, and for an for an order pursuant to Rule 71(3) permitting oral argument at the hearing of the appeal, Completed on: 2012-05-18 | Attorney General of Ontario |
| 2012-05-14 | Intervener's factum - AG on constitutional question, (extension of time rec'd May 18/12), Completed on: 2012-05-23 | Attorney General of Ontario |
| 2012-04-20 | Order on motion for leave to intervene, (BY KARAKATSANIS J.) (joint with 34013-103) | |
| 2012-04-20 |
Decision on the motion for leave to intervene, (joint with 34013-103), Ka, UPON APPLICATIONS by the Canadian Civil Liberties Association, the Canadian Coalition Against Terror and the British Columbia Civil Liberties Association for leave to intervene in the above appeals; AND UPON APPLICATION by the Groupe d'étude en droits et libertés de la Faculté de droit de l'Université Laval for leave to intervene in the appeal of Mohammad Momin Khawaja v. Her Majesty the Queen (34103); AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association are granted and the said interveners shall be entitled to serve and file a single factum not to exceed 10 pages in length in these appeals on or before May 24, 2012. The motion for leave to intervene of the Groupe d'étude en droits et libertés de la Faculté de droit de l'Université Laval is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length in the appeal of Mohammad Momin Khawaja v. Her Majesty the Queen (34103) on or before May 24, 2012. The motion for leave to intervene of the the Canadian Coalition Against Terror is dismissed. 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 are not 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions Allowed in part |
|
| 2012-04-20 | Submission of motion for leave to intervene, Ka | |
| 2012-04-18 | Respondent's book of authorities, (12 copies rec'd), Completed on: 2012-04-18 | United States of America |
| 2012-04-18 | Respondent's factum, (26 copies rec'd), Completed on: 2012-04-18 | United States of America |
| 2012-04-18 | Appeal perfected for hearing | |
| 2012-03-30 | Reply to the motion for leave to intervene, (Letter Form), (joint with 34013 and 34103) from Anil K Kapoor, dated March 29/12, by fax, Completed on: 2012-03-30 | Canadian Civil Liberties Association |
| 2012-03-28 | Response to the motion for leave to intervene, (Letter Form), (for all motions) (joint with 34013) from John Norris, dated March 28/12, by fax, Completed on: 2012-03-28 | Suresh Sriskandarajah |
| 2012-03-27 | Response to the motion for leave to intervene, (Letter Form), (for all motions) (joint with 34013 and 34103) from Nicholas Devlin, dated March 27/12, rec'd by fax, Completed on: 2012-03-27 | United States of America |
| 2012-03-21 | Motion for leave to intervene, (bookform) (joint with 34013 and 34103), Completed on: 2012-03-21 | British Columbia Civil Liberties Association |
| 2012-03-21 | Motion for leave to intervene, (bookform) (joint with 34013), Completed on: 2012-03-21 | Canadian Civil Liberties Association |
| 2012-03-20 | Motion for leave to intervene, (bookform) (joint with 34013 and 34103), Completed on: 2012-03-20 | Canadian Coalition Against Terror |
| 2012-03-09 | Notice of hearing sent to parties, (joint with 34013 & 34103) | |
| 2012-03-09 |
Appeal hearing scheduled, 2012-06-11, (Heard with 34013 & 34103) (Start Time - 9:00 A.M.) Judgment reserved |
|
| 2012-03-08 | Order on motion to extend time, (BY THE REGISTRAR) | |
| 2012-03-08 |
Decision on motion to extend time, to serve and file the appellants factum and authorities to Feb.22/12 (Joint with 34013), Reg Granted |
|
| 2012-03-08 | Submission of motion to extend time, Reg | |
| 2012-02-23 | Motion to extend time, to serve and file the appellant's factum and authorities to Feb.22/12 (Joint with 34013), Completed on: 2012-02-23 | Suresh Sriskandarajah |
| 2012-02-22 | Appellant's book of authorities, Completed on: 2012-02-22 | Suresh Sriskandarajah |
| 2012-02-22 | Appellant's factum, Completed on: 2012-02-22 | Suresh Sriskandarajah |
| 2012-02-17 | Appellant's record, Joint with 34013 (2 volumes), Completed on: 2012-02-17 | Suresh Sriskandarajah |
| 2012-01-30 | Correspondence received from, J. Norris by fax, re.: Hearing date | Suresh Sriskandarajah |
| 2012-01-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2011-12-05 | Notice of intervention respecting a constitutional question, Joint with 34013 | Attorney General of Ontario |
| 2011-11-09 | Notice of constitutional question(s), Joint with 34013 | Suresh Sriskandarajah |
| 2011-11-08 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2011-11-08 |
Decision on the motion to state a constitutional question, (joint with 34013), CJ, UPON APPLICATIONS by the appellants for an order stating constitutional questions in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOW: 1. Do ss. 83.03, 83.18 or 83.21 of the Criminal Code, R.S.C. 1985, c. C-46, which incorporate the definition of “terrorist activity” in s. 83.01(1) of the Criminal Code¸ infringe s. 2(b) of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 3. Do ss. 83.18 of the Criminal Code, R.S.C. 1985, c. C-46, which incorporates the definition of “terrorist activity” in s. 83.01(1) of the Criminal Code, infringe s. 7 of the Canadian Charter of Rights and Freedoms? 4. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Granted |
|
| 2011-11-08 | Submission of motion to state a constitutional question, CJ | |
| 2011-08-30 | Response to the motion to state a constitutional question, Included in Motion to State Constitutional Question, Completed on: 2011-08-30 | United States of America |
| 2011-08-30 | Motion to state a constitutional question, Joint with 34013 - consent included, Completed on: 2011-08-30 | Suresh Sriskandarajah |
| 2011-08-30 | Notice of appeal, Completed on: 2011-08-30 | Suresh Sriskandarajah |
| 2011-07-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-07-04 | Judgment on leave sent to the parties | |
| 2011-06-30 |
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 Ontario, Numbers C50140 and C51419, 2010 ONCA 857, dated December 17, 2010, is granted without costs. This appeal will be heard with Piratheepan Nadarajah v. United States of America, Minister of Justice and Attorney General of Canada (34013) and Mohammad Momin Khawaja v. Her Majesty the Queen (34103). Granted, without costs |
|
| 2011-05-16 | All materials on application for leave submitted to the Judges, Bi Abe Ro | |
| 2011-03-28 | Applicant's reply to respondent's argument, Completed on: 2011-03-28 | Suresh Sriskandarajah |
| 2011-03-17 | Respondent's response on the application for leave to appeal, Completed on: 2011-03-17 | United States of America |
| 2011-02-21 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-02-15 | Application for leave to appeal, Completed on: 2011-02-15 | Suresh Sriskandarajah |
| 2010-12-17 | Notice of application for leave to appeal, Completed on: 2010-12-17 | Suresh Sriskandarajah |
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 |
|---|---|---|
| Sriskandarajah, Suresh | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| United States of America | Respondent | Active |
| Minister of Justice | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
Counsel
Party: Sriskandarajah, Suresh
Counsel
Brydie Bethell
Toronto, Ontario
M5H 4E2
Telephone: (416) 596-2960
FAX: (416) 596-2598
Email: john.norris@simcoechambers.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
Party: United States of America
Counsel
Sean Gaudet
Croft Michaelson
Suite 3400, Box 36
130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 954-8032
FAX: (416) 973-4328
Email: nancy.dennison@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: Minister of Justice
Counsel
Sean Gaudet
Croft Michaelson
Suite 3400, Box 36
130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 954-8032
FAX: (416) 973-4328
Email: nancy.dennison@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: Attorney General of Canada
Counsel
Sean Gaudet
Croft Michaelson
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 Ontario
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2302
FAX: (416) 326-4656
Email: Michael.bernstein@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Civil Liberties Association
Counsel
Lindsay L. Daviau
210 - 20 Adelaide Street East
Toronto, Ontario
M5C 2T6
Telephone: (416) 363-2700
FAX: (416) 368-6811
Email: akk@adelaide
Agent
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 288-2890
FAX: (613) 288-2896
Email: email@lgreenspon.com
Party: British Columbia Civil Liberties Association
Counsel
Kent Roach
Michael Fenrick
Suite 501, 250 University Avenue
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4314
FAX: (416) 646-4301
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.
Canadian Charter of Rights and Freedoms — Extradition — Appeal from committal — Judicial Review of Surrender Order — Whether s. 83.01(1)(b)(i)(a) of the Criminal Code contravenes s. 2(b) of the Charter — Whether definition of “terrorist activity” and its operation throughout the terrorism provisions of the Criminal Code, specifically section 83.18, are unconstitutionally overbroad and contravene s. 7 of the Charter — Whether decision that surrender does not unjustifiably limit the applicant’s rights under section 6(1) of the Charter was reasonable — Whether evidence was sufficient to justify committal on the offences set out in the Authority to Proceed — Whether Minister of Justice denied the applicant procedural fairness.
The U.S. seeks the applicant’s extradition to stand trial on terrorism charges for alleged assistance of the Liberation Tigers of the Tamil Eelam (“LTTE”). It is alleged that he acquired aviation equipment, other communications equipment, and submarine and warship design software for the LTTE, he laundered money for the LTTE, and he counselled individuals on methods of smuggling goods to the LTTE. At the committal hearing, the applicant sought a declaration that the definition of “terrorist activity” in s. 83.01(1)(b), and its use in the terrorist provisions of the Criminal Code are unconstitutional. Before the Minister, he submitted that his surrender would breach s. 6(1) of the Charter. The committal judge dismissed the constitutional motion and ordered the applicant committed for extradition. The Minister ordered his surrender.
Lower court rulings
Ontario Superior Court of Justice
Applicant committed for extradition
Minister of Justice (Ontario)
Order to surrender applicant for extradition
Court of Appeal for Ontario
2010 ONCA 857, C50140, C51419
Appeal from committal order an application for judicial review of surrender order dismissed
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.
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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.
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