Case information
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35548
Attorney General of Canada v. Anthony Barnaby
(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) |
|---|---|---|
| 2015-06-03 | Appeal closed | |
| 2015-05-29 |
Written reasons rendered after oral judgment, CJ Abe Ro Cro Mo Ka Wa Ga Côt Allowed |
|
| 2015-05-07 | Transcript received, joint with 35527. 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, (Letter Form), Received in the Court room. | Anthony Barnaby |
| 2015-04-23 | Appellant's condensed book, (Book Form), Received in Court room. | Attorney General 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 500-10-005141-120, 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 allowed. The appeal is allowed and the decision of the Minister of Justice is reinstated with reasons to follow. Allowed |
|
| 2015-04-23 | Hearing of the appeal, 2015-04-23, CJ Abe Ro Cro Mo Ka Wa Ga Côt | |
| 2015-03-13 | Notice of hearing sent to parties | |
| 2015-03-10 | Appeal hearing scheduled, 2015-04-23, (to be heard with 35527) (EARLY START 9AM) | |
| 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 | Attorney General of Canada |
| 2015-01-09 |
Order by, (ORDER RENDERED ON MOTION TO ADJOURN IN RELATED FILE 35527), 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 |
|
| 2015-01-08 | Correspondence received from, Clément Monterosso by fax, re: motion to adjourn in Caplin v. Minister of Justice of Canada (File no. 35527) | Anthony Barnaby |
| 2015-01-07 | Correspondence received from, Respondent, re.: change of name for the law firm | Anthony Barnaby |
| 2014-12-15 | Notice of appearance, Me Ginette Gobeil and Me Marc Ribeiro will be present at the hearing. | Attorney General of Canada |
| 2014-12-02 | Notice of hearing sent to parties | |
| 2014-11-18 | Notice of appearance, Clemente Monterosso will be present at the hearing. (Amended 2014-11-21, request that law clerk, Ms Larochelle assist him at the hearing, granted 2014-12-11) (Amended 2014-12-12, Philippe Taguay will also attend the hearing) | Anthony Barnaby |
| 2014-10-30 | Appeal perfected for hearing | |
| 2014-10-28 | Respondent's book of authorities, (Book Form), Completed on: 2014-11-04, (Electronic version filed on 2014-11-04) | Anthony Barnaby |
| 2014-10-28 | Respondent's factum, (Book Form), Proof of service missing. Received 2014-10-29., Completed on: 2014-11-04, (Electronic version filed on 2014-11-04) | Anthony Barnaby |
| 2014-09-02 | Certificate of counsel (attesting to record) | Attorney General of Canada |
| 2014-09-02 | Appellant's book of authorities, (Book Form), Completed on: 2014-09-02 | Attorney General of Canada |
| 2014-09-02 | Appellant's record, (Book Form), Completed on: 2014-09-02 | Attorney General of Canada |
| 2014-09-02 | Appellant's factum, (Book Form), CD to come - rec'd Sept. 9, 2014, Completed on: 2014-09-10, (Electronic version filed on 2014-09-09) | Attorney General of Canada |
| 2014-09-02 | Correspondence received from, Richard Gaudreau re: agent for the respondent | Anthony Barnaby |
| 2014-06-09 | Notice of appeal, Completed on: 2014-06-09 | Attorney General of Canada |
| 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 respondent’s motion for an extension of time to serve and file a response to the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-005141-120, 2013 QCCA 1305, dated July 31, 2013, is granted without costs. This case is to be heard with David Caplin v. Minister of Justice of Canada (35527). Granted, without costs |
|
| 2014-05-08 |
Decision on motion to extend time, See judgment Granted |
|
| 2014-05-07 | Submission of motion to extend time, LeB Ka Wa | |
| 2014-04-24 | Correspondence received from, (Letter Form), the applicant advising that they will not be filing a Rule 28 reply. | Attorney General of Canada |
| 2014-04-23 | Order on miscellaneous motion, (by the REGISTRAR) | |
| 2014-04-23 |
Decision on the miscellaneous motion, Reg, UPON APPLICATION by the respondent pursuant to the provisions of Rule 32(2) of the Rules of the Supreme Court of Canada for an order permitting the respondent to file materials after the application for leave to appeal has been submitted to the Court, namely: 1. A motion for an extension of time to serve and file the response to the application for leave to appeal; and 2. A response to the application for leave to appeal. AND THE MATERIAL FILED having been read AND NOTING that the applicant does not oppose the motion; IT IS HEREBY ORDERED THAT: The motion pursuant to the provisions of Rule 32(2) of the Rules of the Supreme Court of Canada is granted. The motion for an extension of time and the response to the application for leave to appeal shall be submitted to the panel considering the application for leave to appeal. Allowed |
|
| 2014-04-23 | Submission of miscellaneous motion, (Rule 32(2)), Reg | |
| 2014-04-22 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-04-22 | Anthony Barnaby |
| 2014-04-22 | Notice of miscellaneous motion, (Letter Form), (Rule 32(2)), Completed on: 2014-04-22, (By fax - electronic (and/or paper) version due on 2014-04-29) | Attorney General of Canada |
| 2014-04-17 | Motion to extend time, (Letter Form), to file a response., Completed on: 2014-04-17 | Anthony Barnaby |
| 2014-03-03 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-10-01 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-09-30 | Application for leave to appeal, Completed on: 2013-09-30 | Attorney General 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 | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Barnaby, Anthony | Respondent | Active |
Counsel
Party: Attorney General of Canada
Counsel
Constantina Antonopoulos
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
Party: Barnaby, Anthony
Counsel
Marie-Philippe Tanguay
6697, rue de La Roche
Montréal, Quebec
H2S 2E2
Telephone: (514) 948-2006
FAX: (514) 948-6131
Email: clemente.monterosso@videotron.ca
Agent
88, rue de la Cédrière
Gatineau, Quebec
J9H 2T4
Telephone: (819) 557-0750
FAX: (819) 557-0768
Email: bergeron.gaudreau@videotron.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 finding that the order surrendering the respondent to the United States of America was unreasonable.
The United States of America request the extradition of the respondent to stand trial in the State of New Hampshire. The respondent and an accomplice, David Caplin, 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.
In 1989, the respondent was indicted on two counts of first degree murder. He proceeded to trial on three occasions, in 1989 and 1990. Each trial ended in a hung jury, as a unanimous verdict could not be reached. At the conclusion of the third trial, the prosecution entered a nolle prosequi, a dismissal of charges, against the respondent.
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 respondent’s accomplice, Mr. Caplin, was identified. Witnesses were again contacted and provided additional information. A new warrant was obtained for the respondent’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 respondent before the Superior Court of Quebec. In September 2011, that court held that there was sufficient evidence to commit the respondent. In March 2012, the Minister of Justice signed an extradition order ordering the surrender of the respondent to the United States. In July 2013, the Court of Appeal of Quebec allowed the respondent’s application for judicial review of the Minister’s decision and quashed the surrender order.
Lower court rulings
Court of Appeal of Quebec (Montréal)
2013 QCCA 1305, 500-10-005141-120
Application for judicial review allowed and surrender order quashed
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.
Downloadable PDFs
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