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.
36981
Attorney General of Canada on behalf of the Republic of India v. Surjit Singh Badesha, et al.
(British Columbia) (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) |
|---|---|---|
| 2017-09-13 | Appeal closed | |
| 2017-09-11 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-09-11 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-09-08 |
Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA41876 and CA41879, 2016 BCCA 88, dated February 26, 2016, heard on March 20, 2017, is allowed and the Minister of Justice’s surrender orders are restored. Allowed |
|
| 2017-04-26 | Notice of change of counsel, (Letter Form), Change of Agent., (Electronic version filed on 2017-04-25) | South Asia Legal Clinic of Ontario |
| 2017-03-27 | Transcript received, 117 pages | |
| 2017-03-20 | Judgment reserved OR rendered with reasons to follow | |
| 2017-03-20 |
Hearing of the appeal, 2017-03-20, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment reserved |
|
| 2017-03-20 | Intervener's condensed book, (Book Form), (14 copies) submitted in courtroom | Canadian Lawyers for International Human Rights, Canadian Centre for Victims of Torture, Canadian Council for Refugees |
| 2017-03-20 | Respondent's condensed book, (Book Form), (14 copies) submitted in courtroom | Surjit Singh Badesha |
| 2017-03-20 | Appellant's condensed book, (Book Form), (14 copies) submitted in courtroom | Attorney General of Canada on behalf of the Republic of India |
| 2017-03-16 | Correspondence (sent by the Court) to, all parties, re: one of the members of the panel will be participating in the hearing remotely by viewing the live webcast | |
| 2017-03-15 |
Notice of appearance, (Letter Form), Michael Klein, Q.C. and Michael Sobkin will be appearing for Surjit Singh Badesha. Mr. Klein will present oral argument. E. David Crossin, Q.C., Elizabeth France and Miriam Isman will be appearing for Malkit Kaur Sidhu. Mr. Crossin will present oral argument. , (Electronic version filed on 2017-03-15) |
Surjit Singh Badesha |
| 2017-03-14 | Notice of appearance, (Letter Form), John Norris and Cheryl Milne will be appearing. Mr. Norris will present oral argument. | David Asper Centre for Constitutional Rights |
| 2017-03-10 | Intervener's book of authorities, (Book Form), (2 copies), Completed on: 2017-03-10, (Electronic version filed on 2017-03-10) | Canadian Lawyers for International Human Rights, Canadian Centre for Victims of Torture, Canadian Council for Refugees |
| 2017-03-10 | Intervener's factum, (Book Form), Completed on: 2017-03-10, (Electronic version filed on 2017-03-10) | Canadian Lawyers for International Human Rights, Canadian Centre for Victims of Torture, Canadian Council for Refugees |
| 2017-03-10 | Intervener's book of authorities, (Book Form), (2 copies), Completed on: 2017-03-10, (Printed version filed on 2017-03-10) | David Asper Centre for Constitutional Rights |
| 2017-03-10 | Intervener's factum, (Book Form), Completed on: 2017-03-10, (Electronic version filed on 2017-03-10) | David Asper Centre for Constitutional Rights |
| 2017-03-10 | Intervener's factum, (Book Form), Completed on: 2017-03-10, (Electronic version filed on 2017-03-10) | South Asia Legal Clinic of Ontario |
| 2017-03-09 | Notice of appearance, (Letter Form), Janet Henchey and Diba Majzub will be appearing. Ms. Henchey will present oral argument. | Attorney General of Canada on behalf of the Republic of India |
| 2017-03-07 | Notice of appearance, (Letter Form), Ranjan Agarwal and Preet Bell will be appearing. Mr. Agarwal will be presenting oral argument. | South Asia Legal Clinic of Ontario |
| 2017-03-07 | Notice of appearance, (Letter Form), Adriel Weaver and Louis Century will be appearing. Ms. Weaver will prensent oral argument. | Canadian Lawyers for International Human Rights, Canadian Centre for Victims of Torture, Canadian Council for Refugees |
| 2017-02-20 | Appeal perfected for hearing | |
| 2017-02-17 | Certificate (on limitations to public access) | Surjit Singh Badesha |
| 2017-02-17 | Certificate (on limitations to public access) | Malkit Kaur Sidhu |
| 2017-02-17 | Respondent's book of authorities, (Book Form), (2 copies), Completed on: 2017-02-17 | Malkit Kaur Sidhu |
| 2017-02-17 | Respondent's factum, (Book Form), Completed on: 2017-02-17 | Malkit Kaur Sidhu |
| 2017-02-17 | Respondent's factum, (Book Form), Completed on: 2017-02-17 | Surjit Singh Badesha |
| 2017-02-07 | Notice of name, (Letter Form), (Electronic version filed on 2017-02-07) | Canadian Lawyers for International Human Rights, Canadian Centre for Victims of Torture, Canadian Council for Refugees |
| 2017-02-02 | Order on motion for leave to intervene, (by Justice Côté) | |
| 2017-02-02 |
Decision on the motion for leave to intervene, Côt, UPON APPLICATIONS by the South Asian Legal Clinic of Ontario; the David Asper Centre for Constitutional Rights; and the Canadian Lawyers for International Human Rights, Canadian Centre for Victims of Torture and Canadian Council for Refugees (jointly) for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the South Asian Legal Clinic of Ontario; the David Asper Centre for Constitutional Rights; and the Canadian Lawyers for International Human Rights, Canadian Centre for Victims of Torture and Canadian Council for Refugees (jointly) are granted. The David Asper Centre for Constitutional Rights; and the Canadian Lawyers for International Human Rights, Canadian Centre for Victims of Torture and Canadian Council for Refugees (jointly) shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before March 10, 2017. The South Asian Legal Clinic of Ontario shall be entitled to serve and file a factum not to exceed five (5) pages in length on or before March 10, 2017. The said interveners are granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. 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 appellant and the respondents any additional disbursements occasioned to the appellant and the respondents by its intervention. Granted |
|
| 2017-02-02 | Submission of motion for leave to intervene, Côt | |
| 2017-02-01 | Notice of name, (Letter Form), (Electronic version filed on 2017-02-01) | South Asia Legal Clinic of Ontario |
| 2017-02-01 | Notice of name, (Letter Form), (Electronic version filed on 2017-02-01) | David Asper Centre for Constitutional Rights |
| 2017-01-30 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-01-30, (Electronic version filed on 2017-01-30) | David Asper Centre for Constitutional Rights |
| 2017-01-30 | Reply to the motion for leave to intervene, (Letter Form), Proof of service missing (received 2017-02-01), Completed on: 2017-02-02, (Electronic version filed on 2017-01-30) | South Asia Legal Clinic of Ontario |
| 2017-01-30 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-01-30, (Electronic version filed on 2017-01-30) | Surjit Singh Badesha |
| 2017-01-27 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-02-03, (Electronic version filed on 2017-01-27) | Canadian Lawyers for International Human Rights, Canadian Centre for Victims of Torture, Canadian Council for Refugees |
| 2017-01-25 | Response to the motion for leave to intervene, (Letter Form), Proof of service missing (received on 2017-01-26), Completed on: 2017-01-26, (Electronic version filed on 2017-01-27) | Attorney General of Canada on behalf of the Republic of India |
| 2017-01-20 | Motion for leave to intervene, (Book Form), Completed on: 2017-01-20, (Electronic version filed on 2017-01-20) | Canadian Lawyers for International Human Rights, Canadian Centre for Victims of Torture, Canadian Council for Refugees |
| 2017-01-20 | Motion for leave to intervene, (Book Form), Completed on: 2017-01-20, (Electronic version filed on 2017-01-20) | David Asper Centre for Constitutional Rights |
| 2017-01-19 | Motion for leave to intervene, (Book Form), Completed on: 2017-01-19, (Printed version filed on 2017-01-20) | South Asia Legal Clinic of Ontario |
| 2016-12-15 |
Appeal hearing scheduled, 2017-03-20, (previously scheduled for March 24, 2017) Judgment reserved |
|
| 2016-12-13 | Order on motion to extend time, by the Registrar | |
| 2016-12-13 |
Decision on motion to extend time, Reg, UPON APPLICATION by the appellant for an order extending the time to serve and file its Factum, Record, and Book of Authorities to December 5, 2016; AND THE MATERIAL FILED having been read; AND NOTING the consent of the respondents; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2016-12-13 | Submission of motion to extend time, Reg | |
| 2016-12-07 | Motion to extend time, (Book Form), To file and served the appellant's documents, Completed on: 2016-12-07 | Attorney General of Canada on behalf of the Republic of India |
| 2016-12-05 | Certificate of counsel (attesting to record) | Attorney General of Canada on behalf of the Republic of India |
| 2016-12-05 | Appellant's book of authorities, (Book Form), (2 volumes), Completed on: 2016-12-05 | Attorney General of Canada on behalf of the Republic of India |
| 2016-12-05 | Appellant's record, (Book Form), (5 volumes), Completed on: 2016-12-05 | Attorney General of Canada on behalf of the Republic of India |
| 2016-12-05 | Appellant's factum, (Book Form), Motion for extension of time requested - Rec'd on 2016-12-07, Completed on: 2016-12-07 | Attorney General of Canada on behalf of the Republic of India |
| 2016-11-28 | Notice of hearing sent to parties | |
| 2016-09-09 | Notice of appeal, Completed on: 2016-09-09 | Attorney General of Canada on behalf of the Republic of India |
| 2016-08-16 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-08-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-08-12 | Judgment on leave sent to the parties | |
| 2016-08-11 |
Judgment of the Court on the application for leave to appeal, The motion to join two orders of the Court of Appeal for British Columbia so that a single application for leave to appeal may be filed is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA41876 and CA41879, 2016 BCCA 88, dated February 26, 2016, is granted. Granted |
|
| 2016-08-11 |
Decision on the miscellaneous motion, see judgment on application. Granted |
|
| 2016-06-06 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-06-06 | Submission of miscellaneous motion, Abe Ka Br | |
| 2016-06-06 | Correspondence received from, AGC re: will not file a reply | Attorney General of Canada on behalf of the Republic of India |
| 2016-05-27 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-05-27) | Malkit Kaur Sidhu |
| 2016-05-27 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-05-27) | Surjit Singh Badesha |
| 2016-05-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-05-27, (Electronic version filed on 2016-05-27) | Surjit Singh Badesha |
| 2016-05-05 | Notice of miscellaneous motion, (Book Form), to join, Completed on: 2016-05-05, (Electronic version filed on 2016-05-05) | Attorney General of Canada on behalf of the Republic of India |
| 2016-04-29 | Letter acknowledging receipt of a complete application for leave to appeal, (File open) | |
| 2016-04-28 | Correspondence received from, (Letter Form), Ms Majzub re: filing of the Court of Appeal Orders | Attorney General of Canada on behalf of the Republic of India |
| 2016-04-26 | Notice of name, (Letter Form), (Electronic version filed on 2016-04-26) | Attorney General of Canada on behalf of the Republic of India |
| 2016-04-26 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-04-26) | Attorney General of Canada on behalf of the Republic of India |
| 2016-04-26 | Application for leave to appeal, (Book Form), New covers rec'd 2016-05-05 (formal CA Orders rec'd 2016-04-28), Completed on: 2016-04-26, (Electronic version filed on 2016-04-26) | Attorney General of Canada on behalf of the Republic of India |
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 Republic of India | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Badesha, Surjit Singh | Respondent | Active |
| Sidhu, Malkit Kaur | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| David Asper Centre for Constitutional Rights | Intervener | Active |
| South Asia Legal Clinic of Ontario | Intervener | Active |
| Canadian Lawyers for International Human Rights, Canadian Centre for Victims of Torture, Canadian Council for Refugees | Intervener | Active |
Counsel
Party: Attorney General of Canada on behalf of the Republic of India
Counsel
Diba B. Majzub
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 948-3003
FAX: (613) 957-8412
Email: janet.henchey@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: Badesha, Surjit Singh
Counsel
777 Hornby Street
Suite 1050
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 687-4288
FAX: (604) 687-4299
Email: michael@michaelkleinlaw.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Sidhu, Malkit Kaur
Counsel
Miriam R. Isman
Elizabeth France
700 - 375 Water Street
Vancouver, British Columbia
V6B 5C6
Telephone: (604) 687-7700
FAX: (604) 687-5596
Email: dcrossin@smrlaw.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: David Asper Centre for Constitutional Rights
Counsel
Cheryl Milne
Toronto, Ontario
M5H 4E2
Telephone: (416) 596-2960
FAX: (416) 596-2598
Email: john.norris@simcoechambers.com
Agent
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: South Asia Legal Clinic of Ontario
Counsel
Preet Bell
3400 One First Canadian Place
P.O. Box 130
Toronto, Ontario
M4X 1A4
Telephone: (416) 777-6503
FAX: (416) 863-1716
Email: agarwalr@bennettjones.com
Agent
World Exchange Plaza
1900-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 683-2328
FAX: (613) 683-2323
Email: jewettm@bennettjones.com
Party: Canadian Lawyers for International Human Rights, Canadian Centre for Victims of Torture, Canadian Council for Refugees
Counsel
Louis Century
20 Dundas Street West
Suite 1100
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6415
FAX: (416) 591-7333
Email: aweaver@goldblattpartners.com
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.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.
Canadian Charter of Rights and Freedoms – Criminal Law – Extradition – Judicial review of Minister’s surrender order – Surrender order set aside on basis that Minister’s acceptance of assurances from extradition partner on health and safety in custody was not reasonable – What is the appropriate scope of review under s. 7 of the Charter for alleged deficiencies in an extradition partner’s justice system? – What is the appropriate standard of review of a Minister’s decision to accept diplomatic assurances from an extradition partner? – Canadian Charter of Rights and Freedoms, s. 7 – Extradition Act, S.C. 1999, c. 18.
The respondents are the uncle and mother, respectively, of the victim. They are alleged to have planned a long-distance “honour killing” in India from Canada because the victim had married a man whom the respondents considered unsuitable. The respondents are alleged to have resorted to hostility, violence and threats, failing which they hired hitmen who tracked the couple down in the state of Punjab, killed the victim and severely beat the victim’s husband. Indian authorities charged several Indian nationals connected to the murder, three of whom have been convicted, as well as the respondents.
India sought the respondents’ extradition for prosecution on the offence of conspiracy to commit murder. The respondents were committed for extradition, and the Minister proceeded to issue a surrender order. The respondents, who have health issues that require medical care in custody, placed before the Minister the record of human rights violations in India’s prison system. The Minister issued a surrender order conditional on receipt of formal assurances from India, including assurances regarding death penalty, fair trial and the respondents’ health and safety in Indian custody.
Lower court rulings
Supreme Court of British Columbia
25958
Order of respondents’ surrender to the Republic of India
Court of Appeal for British Columbia (Vancouver)
CA41876, CA41879, 2016 BCCA 88
Application for judicial review allowed
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
Not available
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