Shephard, Re, (1974) 5 N.R. 227 (FCA)

JudgeJackett, C.J., Pratte, J. and Hyde, D.J.
CourtFederal Court of Appeal (Canada)
Case DateSeptember 25, 1974
JurisdictionCanada (Federal)
Citations(1974), 5 N.R. 227 (FCA)

Shephard, Re (1974), 5 N.R. 227 (FCA)

MLB headnote and full text

Re Shephard

Indexed As: Shephard, Re

Federal Court of Appeal

Jackett, C.J., Pratte, J. and Hyde, D.J.

September 25, 1974.

Summary:

This headnote contains no summary.

Extradition - Topic 2930

Issue of warrant of committal after a hearing - Grounds - Evidence - The Federal Court of Appeal affirmed a refusal by a trial judge to issue a warrant of committal where the evidence was tainted, doubtful and manifestly unreliable.

Cases Noticed:

Puerto Rico v. Hernandez, [1973] F.C. 1206, folld. [para. 4].

Statutes Noticed:

Extradition Act, R.S.C. 1970, c. E-21, sect. 18.

Counsel:

L.P. Landry, Q.C., for the applicant;

Sidney Leithman and David Linetsky, for the respondent.

This appeal was heard by the Federal Court of Appeal at Montreal, Quebec on September 25, 1974. Judgment of the Federal Court of Appeal was delivered from the bench on September 25, 1974.

The judgment of the Federal Court of Appeal was delivered by JACKETT, C.J.

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2 practice notes
  • United States of America v. Shephard, [1976] SCJ No 106 (QL)
    • Canada
    • Canada (Federal) Supreme Court of Canada
    • May 5, 1976
    ...On appeal to the Federal Court of Appeal the appeal was dismissed and the decision of the extradition judge was affirmed - see 5 N.R. 227. On appeal to the Supreme Court of Canada the appeal was allowed, the judgment of the Federal Court of Appeal was set aside and the case was referred bac......
  • R. v. Mezzo, (1983) 22 Man.R.(2d) 223 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • June 2, 1983
    ...of America v. Sheppard, [1977] 2 S.C.R. 1067; 70 D.L.R.(3d) 136; 34 C.R.N.S. 207; 30 C.C.C.(2d) 424; 9 N.R. 215, reving 20 C.C.C.(2d) 575; 5 N.R. 227, which affirmed 19 C.C.C.(2d) 35. The minority opinion, expressed by Spence, J., is summarized in the headnote in this way (D.L.R.): "........
2 cases
  • United States of America v. Shephard, [1976] SCJ No 106 (QL)
    • Canada
    • Canada (Federal) Supreme Court of Canada
    • May 5, 1976
    ...On appeal to the Federal Court of Appeal the appeal was dismissed and the decision of the extradition judge was affirmed - see 5 N.R. 227. On appeal to the Supreme Court of Canada the appeal was allowed, the judgment of the Federal Court of Appeal was set aside and the case was referred bac......
  • R. v. Mezzo, (1983) 22 Man.R.(2d) 223 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • June 2, 1983
    ...of America v. Sheppard, [1977] 2 S.C.R. 1067; 70 D.L.R.(3d) 136; 34 C.R.N.S. 207; 30 C.C.C.(2d) 424; 9 N.R. 215, reving 20 C.C.C.(2d) 575; 5 N.R. 227, which affirmed 19 C.C.C.(2d) 35. The minority opinion, expressed by Spence, J., is summarized in the headnote in this way (D.L.R.): "........