Shephard, Re, (1974) 5 N.R. 227 (FCA)
| Judge | Jackett, C.J., Pratte, J. and Hyde, D.J. |
| Court | Federal Court of Appeal (Canada) |
| Case Date | September 25, 1974 |
| Jurisdiction | Canada (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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United States of America v. Shephard, (1976) 9 N.R. 215 (SCC)
...unreliable". 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......
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United States of America v Sheppard,
...Judge, Chief Justice Jackett rendered the judgment of the Federal Court of Appeal [20 C.C.C. (2d) 575 at p. 576, [1974] 2 F.C. 210, 5 N.R. 227], saying, in I agree with the extradition Judge that one type of case where an extradition Judge should refuse to grant such a warrant is where a tr......
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R. v. Mezzo, (1983) 22 Man.R.(2d) 223 (CA)
...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.): "... A t......
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United States of America v. Shephard, (1976) 9 N.R. 215 (SCC)
...unreliable". 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......
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United States of America v Sheppard,
...Judge, Chief Justice Jackett rendered the judgment of the Federal Court of Appeal [20 C.C.C. (2d) 575 at p. 576, [1974] 2 F.C. 210, 5 N.R. 227], saying, in I agree with the extradition Judge that one type of case where an extradition Judge should refuse to grant such a warrant is where a tr......
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R. v. Mezzo, (1983) 22 Man.R.(2d) 223 (CA)
...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.): "... A t......