France (Republic) v. Colak, 2005 ABQB 126

• Judge: Veit, J.
• Court: Court of Queen''s Bench of Alberta (Canada)
• Case Date: Friday February 25, 2005
• Citations: 2005 ABQB 126;(2005), 383 A.R. 297 (QB)

France v. Colak (2005), 383 A.R. 297 (QB)

MLB headnote and full text

Temp. Cite: [2005] A.R. TBEd. MR.014

The Republic of France (extradition partner) v. Erkan Colak (person sought)

(050192418X1; 2005 ABQB 126)

Indexed As: France (Republic) v. Colak

Alberta Court of Queen's Bench

Judicial District of Edmonton

Veit, J.

February 25, 2005.

Summary:

Colak was arrested on a provisional warrant issued by the Court of Queen's Bench at the request of the Republic of France. He applied for bail.

The Alberta Court of Queen's Bench dismissed the application.

Extradition - Topic 2961

Provisional arrest and detention - Bail or interim release - General - When appropriate - Colak was a person sought in France for prosecution for aggravated assault, destruction of property and theft - He entered Canada in 2004 on a forged passport and lived in Edmonton - Colak was arrested on a provisional warrant issued at the request of France - He applied for bail - The Alberta Court of Queen's Bench dismissed the application - Colak was a flight risk - He was a Turkish national who had some type of residency status in France - He did not have immigration status in Canada - He left behind a business in France and the prospect of opening a business in Canada would clearly not be a sufficient anchor to keep him in Edmonton - His immediate family might or might not be in Edmonton - His son might be more of a magnet than the prospect of opening a business in Edmonton - Although he had clearly established some friendships since he had been in Edmonton, Colak's links to this community, and to this country, remained tenuous.

Counsel:

Patricia S. Giroux, for the extradition partner;

Kevin Moore, for the person sought.

This application was heard on February 23 and 25, 2005, by Veit, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following memorandum of decision on February 25, 2005.