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.
34767
Attorney General of Canada on behalf of the Czech Republic and Minister of Justice of Canada v. Bretislav Zajicek
(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) |
|---|---|---|
| 2013-07-26 | Appeal closed | |
| 2013-07-26 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-07-26 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-05-29 | Judgment on the appeal rendered | |
| 2013-05-29 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-05-29 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-05-24 | Transcript received, (27 pages) | |
| 2013-05-13 | Order on motion to directions | |
| 2013-05-13 |
Decision on motion for directions, CJ F Abe Ro Mo, After hearing the parties on the motion to hear a moot appeal on May 13, 2013, the motion is dismissed and the appeal from the judgment of the Court of Appeal for Ontario, Numbers C51360 and C53764, 2012 ONCA 99, dated February 14, 2012, is quashed. Dismissed |
|
| 2013-05-13 |
Hearing of motion for directions, 2013-05-13, CJ F Abe Ro Mo Decision rendered |
|
| 2013-05-13 | Acknowledgement and consent for video taping of proceedings, all parties consented | |
| 2013-05-10 | Notice of appearance, Jeffrey G. Johnston and Janet Henchey will be appearing, Mr. Johnston will make oral presentation | Attorney General of Canada on behalf of the Czech Republic and Minister of Justice of Canada |
| 2013-05-08 | Notice of appearance, Julianna A. Greenspan will be appearing | Bretislav Zajicek |
| 2013-05-06 |
Submission of motion for directions, 2013-05-13, CJ F Abe Ro Mo Decision rendered |
|
| 2013-04-10 | Notice of appearance, John Norris will be present at the hearing on motion. | David Asper Centre for Constitutional Rights |
| 2013-04-04 | Appeal hearing scheduled, 2013-05-13, (ORAL HEARING ON MOTION), Following oral hearing at 9:00 a.m. | |
| 2013-02-27 | Correspondence received from, Jeffrey G. Johnston by fax, re: do not intend to file a reply to written submissions of the respondent and intervener | Attorney General of Canada on behalf of the Czech Republic and Minister of Justice of Canada |
| 2013-02-26 | Correspondence received from, Julianna A. Greenspan by fax, re: written submission on whether the appeal should be heard notwithstanding its mootness (response to the letter sent by the Court dated Feb. 12/13) | Bretislav Zajicek |
| 2013-02-26 | Correspondence received from, John Norris by fax, re: written submission on whether the appeal should be heard notwithstanding its mootness (response to letter sent by the Court dated Feb. 12/13) | David Asper Centre for Constitutional Rights |
| 2013-02-12 | Correspondence (sent by the Court) to, all parties, re: further directions on motions | |
| 2013-02-06 | Correspondence received from, John Norris dated Feb. 6/13 re filing of factum to be held in abeyance | David Asper Centre for Constitutional Rights |
| 2013-02-06 |
Order by, CJ, IT IS HEREBY ORDERED THAT: This appeal scheduled to be heard on February 21, 2013, is adjourned Adjourned |
|
| 2013-02-01 | Response to motion for directions, (Letter Form), from Juliana A. Greenspan dated Jan. 31/13, Completed on: 2013-02-01 | Bretislav Zajicek |
| 2013-01-31 | Motion to withdraw as solicitor, (Book Form), Completed on: 2013-01-31 | Bretislav Zajicek |
| 2013-01-28 | Motion for directions, (Book Form), for an order that the Court hear this appeal notwithstanding that it is now moot, Completed on: 2013-01-29 | Attorney General of Canada on behalf of the Czech Republic and Minister of Justice of Canada |
| 2013-01-18 | Correspondence received from, Jeffrey G. Johnson dated Jan. 18/13 advising the Court that the Czech court withdrew the extradition request rendering this matter moot and requesting instructions | Attorney General of Canada on behalf of the Czech Republic and Minister of Justice of Canada |
| 2013-01-08 | Order on motion for leave to intervene, (by LEBEL J.) | |
| 2013-01-08 |
Decision on the motion for leave to intervene, LeB, The motion for leave to intervene of the David Asper Centre for Constitutional Rights 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 February 8, 2013. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener is 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 intervener shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by its intervention Granted |
|
| 2013-01-08 | Submission of motion for leave to intervene, LeB | |
| 2012-12-20 | Response to the motion for leave to intervene, (Letter Form), from Janet Henchey dated Dec 20/12, Completed on: 2012-12-20 | Attorney General of Canada on behalf of the Czech Republic and Minister of Justice of Canada |
| 2012-12-18 | Motion for leave to intervene, (Book Form), Completed on: 2012-12-18 | David Asper Centre for Constitutional Rights |
| 2012-12-10 | Notice of hearing sent to parties | |
| 2012-11-22 | Appeal hearing adjourned | |
| 2012-11-20 | Appellant's book of authorities, Completed on: 2012-11-20 | Attorney General of Canada on behalf of the Czech Republic and Minister of Justice of Canada |
| 2012-11-20 | Appellant's record, (8 volumes), Completed on: 2012-11-20 | Attorney General of Canada on behalf of the Czech Republic and Minister of Justice of Canada |
| 2012-11-20 | Appellant's factum, Completed on: 2012-11-20 | Attorney General of Canada on behalf of the Czech Republic and Minister of Justice of Canada |
| 2012-08-28 | Notice of appeal, Completed on: 2012-08-28 | Attorney General of Canada on behalf of the Czech Republic and Minister of Justice of Canada |
| 2012-07-04 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-06-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-06-29 | Judgment on leave sent to the parties | |
| 2012-06-28 |
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 C51360 and C53764, 2012 ONCA 99, dated February 14, 2012, is granted without costs. Granted, without costs |
|
| 2012-06-04 | All materials on application for leave submitted to the Judges, CJ Ro Mo | |
| 2012-05-18 | Applicant's reply to respondent's argument, (Letter Form), Jeffrey G. Johnston, fax dated May 18, 2012, re.: will not be filing a response, Completed on: 2012-05-18 | Attorney General of Canada on behalf of the Czech Republic and Minister of Justice of Canada |
| 2012-05-16 | Respondent's response on the application for leave to appeal, Completed on: 2012-05-16 | Bretislav Zajicek |
| 2012-04-16 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-04-16 | Application for leave to appeal, Completed on: 2012-04-16 | Attorney General of Canada on behalf of the Czech Republic and Minister of Justice of Canada |
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 |
|---|---|---|
| Attorney General of Canada on behalf of the Czech Republic and Minister of Justice of Canada | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Zajicek, Bretislav | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| David Asper Centre for Constitutional Rights | Intervener | Active |
Counsel
Party: Attorney General of Canada on behalf of the Czech Republic and Minister of Justice of Canada
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: Zajicek, Bretislav
Counsel
144 King Street East
Toronto, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994
Email: JGreenspan@144king.com
Agent
130 Albert Street
Suite 1005
Ottawa, Ontario
K1P 5G4
Telephone: (613) 233-4529
FAX: (613) 822-5096
Party: David Asper Centre for Constitutional Rights
Counsel
Toronto, Ontario
M5H 4E2
Telephone: (416) 596-2960
FAX: (416) 596-2598
Email: john.norris@simcoechambers.com
Agent
45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459
Email: martha.healey@nortonrose.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 Jurisdiction Whether the Court of Appeal erred in its interpretation of the abuse of process jurisdiction of the extradition judge under s. 25 of the Extradition Act, S.C. 1999, c. 18 Whether the majority of the Court of Appeal erred in its application of the curative proviso in s. 53(b)(ii) of the Act Whether the Minister’s decision to order the respondent’s surrender was reasonable.
The Czech Republic sought the respondent’s extradition to stand trial on charges of robbery and property offences alleged to have been committed nine years before the extradition request was made. The evidence allegedly implicating the respondent in these offences includes his confession to Czech authorities and statements made by three alleged accomplices. In resisting committal, the respondent claimed that his confession was obtained by torture and accordingly sought a stay of the extradition proceedings on grounds of abuse of process in violation of section 7 of the Charter. The judge conducting the extradition hearing granted the appellants’ application for a committal order. In so doing, the extradition judge found that there was sufficient evidence, namely the accomplice evidence, to commit the respondent regardless of his confession which was not considered. The extradition judge concluded that her jurisdiction to grant Charter remedies, including a stay of proceedings, was not engaged in this regard as it was restricted to matters directly related to the fairness of the committal proceedings, and that the allegations of torture and procedural delay were matters for the Minister of Justice. The respondent renewed his request for a stay of the extradition proceedings before the Minister of Justice, submitting that his surrender should be refused as unjust or oppressive, inter alia on the basis that his confession was obtained by torture. The Minister of Justice was not satisfied that the respondent’s allegations of torture established an abuse of process and proceeded to issue a surrender order.
Lower court rulings
Ontario Superior Court of Justice
35/08
Application for committal order granted.
Court of Appeal for Ontario
2012 ONCA 99, C51360 and C53764
Appeal from committal order allowed and new extradition hearing ordered.
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
Not available