Nixon, Re, (1984) 1 O.A.C. 296 (CA)

• Judge: Howland, C.J.O., Lacourcière and Houlden, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: January 27, 1984
• Jurisdiction: Ontario
• Citations: (1984), 1 O.A.C. 296 (CA)

Nixon, Re (1984), 1 O.A.C. 296 (CA)

MLB headnote and full text

Re Nixon

Nixon v. Canada, Government of; United States of America; Attorney General for Ontario; and Ryan

Indexed As: Nixon, Re

Ontario Court of Appeal

Howland, C.J.O., Lacourcière and Houlden, JJ.A.

January 27, 1984.

Summary:

An extradition judge ordered that a warrant issue for the committal of Nixon pursuant to s. 18(1) of the Extradition Act. Nixon applied by way of habeas corpus. The trial judge dismissed the application. Nixon appealed.

The Ontario Court of Appeal dismissed the appeal.

Extradition - Topic 264

Treaties - Interpretation - Where treaty provision conflicts with Extradition Act - The Ontario Court of Appeal stated that where there is a conflict between an extradition treaty and Part I of the Extradition Act, the treaty is to govern - See paragraph 17.

Extradition - Topic 2668

Evidence before examining judge - Foreign documents, transcript of evidence of trial of co-accused (in Georgia, U.S.A.) - Authentication - The Ontario Court of Appeal held that a transcript of trial evidence was properly admitted by an extradition judge where the transcript was authenticated in accordance with the applicable treaty, notwithstanding that the transcript was not authenticated in accordance with the Extradition Act - See paragraph 18.

Words and Phrases

Depositions - Meaning of the word "depositions" as found in s. 16 of the Extradition Act - See paragraph 22.

Cases Noticed:

Re Watson and the United States of America (1980), 36 N.R. 233; 57 C.C.C.(2d) 217, refd to. [para. 20].

Vardy v. Scott et al. (1976), 8 N.R. 91; 28 C.C.C.(2d) 164, refd to. [para. 22].

Miller v. The Queen (1963), 41 C.R. 238, dist. [para. 23].

Ashkenazi (Eskenazi) v. Director of Cowansville Penitentiary and Legace, J. (1979), 9 C.R.(3d) 256, refd to. [para. 24].

Re Gaynor & Greene (No. 11) (1905), 10 C.C.C. 154, refd to. [para. 24].

R. v. Burke (1889), 6 Man. L.R. 121, refd to. [para. 24].

United States v. Browne (No. 2) (1906), 11 C.C.C. 167, refd to. [para. 25].

Statutes Noticed:

Extradition Act, R.S.C. 1970, c. E-21, sect. 3, sect. 16, sect. 17 [para. 15].

Canadian Charter of Rights and Freedoms 1982, sect. 6(1).

Authors and Works Noticed:

LaForest, Extradition to and from Canada (2nd Ed. 1977), page 104 [para. 16].

Jowitt's Dictionary of English Law (2nd Ed.), page 596 [para. 22].

Counsel:

Terence G. O'Hara, for the appellant, Nixon;

Roger Leclaire, for the respondents.

This appeal was heard by Howland, C.J.O., Lacourcière and Houlden, JJ.A., of the Ontario Court of Appeal on November 21 and 22, 1983.

The judgment of the Court of Appeal was delivered by Houlden, J.A., and was released on January 27, 1984.