Case information
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35527
David Caplin v. Minister of Justice of 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) |
|---|---|---|
| 2015-06-08 | Appeal closed | |
| 2015-05-29 |
Written reasons rendered after oral judgment, CJ Abe Ro Cro Mo Ka Wa Ga Côt Dismissed |
|
| 2015-05-07 | Transcript received, Joint with 35548. 54 pages. | |
| 2015-04-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-04-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-04-23 | Judgment reserved OR rendered with reasons to follow | |
| 2015-04-23 | Respondent's condensed book, (Book Form) | Minister of Justice of Canada |
| 2015-04-23 |
Judgment on the appeal rendered, CJ Abe Ro Cro Mo Ka Wa Ga Côt, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-005210-123, 2013 QCCA 1305, dated July 31, 2013, was heard on April 23, 2015, and the Court on that day delivered the following judgment orally: [TRANSLATION] THE CHIEF JUSTICE — We are all of the view that the appeal should be dismissed. The appeal is dismissed with reasons to follow. Dismissed |
|
| 2015-04-23 |
Hearing of the appeal, 2015-04-23, CJ Abe Ro Cro Mo Ka Wa Ga Côt Decision rendered |
|
| 2015-03-13 | Notice of hearing sent to parties | |
| 2015-03-10 |
Appeal hearing scheduled, 2015-04-23, (to be heard with 35548) (EARLY START 9 AM) Decision rendered |
|
| 2015-02-20 | Correspondence (sent by the Court) to, all parties by mail, re: new hearing date | |
| 2015-01-21 | Correspondence received from, Ginette Gobeil by fax, re: new hearing date | Minister of Justice of Canada |
| 2015-01-09 | Order on motion to adjourn the hearing of the appeal, (by CROMWELL J.) | |
| 2015-01-09 |
Decision on motion to adjourn the hearing of the appeal, Cro, UPON APPLICATION on behalf of the appellant, David Caplin, for an adjournment of the hearing scheduled for January 13, 2015; AND THE MATERIAL FILED having been read; AND NOTING THAT the within appeal is to be heard at the same time as the appeal Attorney General of Canada v. Anthony Barnaby, file no. 35548; IT IS HEREBY ORDERED THAT: The motion is granted and the appeals in this file and in file no. 35548 are adjourned. The Registrar shall fix a new hearing date for these two appeals. A copy of this order shall be placed in file no. 35548 and shall be provided to the parties in that appeal. Granted |
|
| 2015-01-09 | Submission of motion to adjourn the hearing of the appeal, Cro | |
| 2015-01-08 | Response to the motion to adjourn the hearing of the appeal, Completed on: 2015-01-08 | Minister of Justice of Canada |
| 2015-01-08 | Motion to adjourn the hearing of the appeal, (Book Form), (filing fee and proof of service missing; affidavit must be sworn - all requested from the appellant on January 8, 2015) - all received January 9, 2015, Completed on: 2015-01-09 | David Caplin |
| 2015-01-07 | Correspondence received from, Véronique Courtecuisse by email, re: adjourning the hearing | David Caplin |
| 2015-01-05 | Appeal perfected for hearing | |
| 2014-12-22 | Notice of appearance, Véronique Courtecuisse and Patrick Cozannet will be present at the hearing. | David Caplin |
| 2014-12-15 | Notice of appearance, Me Ginette Gobeil and Me Marc Ribeiro will be present at the hearing. | Minister of Justice of Canada |
| 2014-12-05 | Respondent's book of authorities, Completed on: 2014-12-05 | Minister of Justice of Canada |
| 2014-12-05 | Certificate of counsel (attesting to record) | Minister of Justice of Canada |
| 2014-12-05 | Respondent's record, Completed on: 2014-12-05 | Minister of Justice of Canada |
| 2014-12-05 | Respondent's factum, Completed on: 2014-12-05 | Minister of Justice of Canada |
| 2014-12-02 | Notice of hearing sent to parties | |
| 2014-11-26 | Correspondence (sent by the Court) to, Mr. Caplin, in response to his letter received November 24, 2014. | |
| 2014-11-24 | Correspondence received, from Mr. Caplin asking for the hearing date of this appeal. | |
| 2014-10-10 | Appellant's book of authorities, Completed on: 2014-10-10 | David Caplin |
| 2014-10-10 | Certificate of counsel (attesting to record) | David Caplin |
| 2014-10-10 | Appellant's record, Completed on: 2014-10-10 | David Caplin |
| 2014-10-10 | Appellant's factum, Completed on: 2014-10-10 | David Caplin |
| 2014-10-09 | Order on motion to extend time, (by KARAKATSANIS J.) | |
| 2014-10-09 |
Decision on motion to extend time, Ka, UPON APPLICATION by the appellant for an order extending the time within which to serve and file his factum, record and book of authorities to October 10, 2014; IT IS HEREBY ORDERED THAT the motion is granted. The appellant shall serve and file his factum, record and book of authorities no later than October 10, 2014. IT IS FURTHER ORDERED THAT the respondent’s record, factum and book of authorities shall be served and filed no later than December 5, 2014. Granted |
|
| 2014-10-09 | Submission of motion to extend time, Ka | |
| 2014-10-06 | Response to motion to extend time, (Letter Form), Completed on: 2014-10-06, (Electronic version filed on 2014-10-08) | Minister of Justice of Canada |
| 2014-10-03 | Motion to extend time, (Letter Form), to file factum, record and authorities, Completed on: 2014-10-06, (Electronic version filed on 2014-10-03) | David Caplin |
| 2014-10-01 | Order on motion to extend time to serve and/or file notice of appeal, (by Justice KARAKATSANIS) | |
| 2014-10-01 |
Decision on motion to extend time to serve and/or file notice of appeal, Ka, À LA SUITE DE LA DEMANDE présentée par l’appelant en vertu de la règle 6 des Règles de la Cour suprême du Canada pour obtenir une ordonnance afin de proroger les délais de signification et dépôt de son avis d’appel et de son mémoire, de son dossier et de son recueil de sources; ET VU QUE l’intimé consent à la requête; IL EST ORDONNÉ CE QUI SUIT : La requête est accueillie. Le délai pour la signification et le dépôt de l’avis d’appel est prolongé jusqu’au 27 août 2014. L’appelant devra signifier et déposer son mémoire, dossier et recueil de sources au plus tard le 2 octobre 2014. IL EST EN OUTRE ORDONNÉ CE QUI SUIT : 1. Toute personne qui souhaite intervenir dans le présent appel en vertu de la règle 55 des Règles de la Cour suprême du Canada signifiera et déposera une requête en autorisation d’intervenir au plus tard le 30 octobre 2014. 2. L’appelant et l’intimé signifieront et déposeront leurs réponses aux demandes d’autorisation d’intervenir, le cas échéant, au plus tard le 4 novembre 2014. 3. Les répliques à toute réponse aux demandes d’autorisation d’intervenir seront signifiées et déposées au plus tard le 6 novembre 2014. 4. Les dossier, mémoire et recueil de sources de l’intimé seront signifiés et déposés au plus tard le 27 novembre 2014. Granted |
|
| 2014-10-01 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Ka | |
| 2014-09-05 | Response to motion to extend time to serve and/or file notice of appeal, (Letter Form), Completed on: 2014-09-05 | Minister of Justice of Canada |
| 2014-08-27 | Motion to extend the time to serve and/or file the notice of appeal, (Book Form), and to extend the time to file Appellant's documents to October 2, 2014, Completed on: 2014-08-27, (Electronic version filed on 2014-08-27) | David Caplin |
| 2014-08-27 | Notice of appeal, Completed on: 2014-08-27 | David Caplin |
| 2014-08-25 | Correspondence received from, Richard Gaudreau by fax, re: will be acting as agent for the appellant | David Caplin |
| 2014-08-06 | Registrar's notice to dismiss the appeal as abandoned sent to parties | |
| 2014-06-04 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2014-05-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-05-09 | Judgment on leave sent to the parties | |
| 2014-05-08 |
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 500-10-005210-123, 2013 QCCA 1305, dated July 31, 2013, is granted without costs. This case is to be heard with Attorney General of Canada v. Anthony Barnaby (35548). Granted, without costs |
|
| 2013-12-16 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-10-11 | Respondent's response on the application for leave to appeal, (Book Form), service to come (rec'd 2013-10-15), Completed on: 2013-10-15 | Minister of Justice of Canada |
| 2013-09-16 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-09-16 | Application for leave to appeal, (Book Form), Completed on: 2013-09-16 | David Caplin |
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 |
|---|---|---|
| Caplin, David | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Justice of Canada | Respondent | Active |
Counsel
Party: Caplin, David
Counsel
Patrick Cozannet
Bureau 216
Montréal, Quebec
H1L 1E5
Telephone: (514) 353-8282
FAX: (514) 955-9800
Email: courtecuisse.veronique@gmail.com
Agent
88, rue de la Cédrière
Gatineau, Quebec
J9H 2T4
Telephone: (819) 557-0750
FAX: (819) 557-0768
Email: bergeron.gaudreau@videotron.ca
Party: Minister of Justice of Canada
Counsel
Marc Ribeiro
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
50 O'Connor Street, Suite 500, Room 556
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
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.
Extradition - Criminal law - Surrender order - Judicial review - Whether the Court of Appeal erred in its interpretation of new evidence - Whether the Court of Appeal erred in law in failing to declare that there was an abuse of process in this matter.
The United States of America request the extradition of the appellant to stand trial in the State of New Hampshire. The appellant and an accomplice, Anthony Barnaby, are accused of the first and second degree murders of Charlene Ranstrom and Brenda Warner. Both women were stabbed to death in their apartment on the night of October 2-3, 1988 in Nashua, New Hampshire.
The appellant was charged with those offences in 1990 but prior to his trial, defence motions to exclude evidence were granted and were upheld on appeal. As a result, the prosecution entered a nolle prosequi against the appellant and the charges were dismissed.
In 2010, the New Hampshire State authorities reopened their investigation and in 2011, evidence seized from the crime scene was submitted for DNA testing not available at the time of the initial investigation. The profile of the appellant was identified. Witnesses were again contacted and provided additional information. A new warrant was obtained for the appellant’s arrest.
In June 2011, an Authority to Proceed was issued pursuant to the Extradition Act, S.C. 1999, c. 18, authorizing extradition proceedings against the appellant before the Superior Court of Quebec. In September 2011, that court held that there was sufficient evidence to commit the appellant. In March 2012, the Minister of Justice signed an extradition order ordering the surrender of the appellant to the United States. In July 2013, the Court of Appeal of Quebec dismissed the appellant’s application for judicial review of the Minister’s decision.
Lower court rulings
Minister of Justice (Quebec)
3750-C84
Order of surrender issued
Court of Appeal of Quebec (Montréal)
2013 QCCA 1305, 500-10-005210-123
Application for judicial review 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.
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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