Shulman v. Canada (Minister of Justice), (2000) 132 O.A.C. 262 (CA)

• Judge: Finlayson, Doherty and O'Connor, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: May 25, 2000
• Jurisdiction: Ontario
• Citations: (2000), 132 O.A.C. 262 (CA)

Shulman v. Can. (2000), 132 O.A.C. 262 (CA)

MLB headnote and full text

Temp. Cite: [2000] O.A.C. TBEd. JN.001

Her Majesty the Queen (Minister of Justice) (respondent) v. Howard Shulman (applicant)

(C31696)

Indexed As: Shulman v. Canada (Minister of Justice)

Ontario Court of Appeal

Finlayson, Doherty and O'Connor, JJ.A.

May 25, 2000.

Summary:

A judge committed Shulman for extradi­tion to the United States of America on one single count of conspiracy to commit mail fraud and wire fraud. The judge discharged Shulman on the 51 substantive counts of mail fraud and wire fraud. Shulman ap­pealed. The United States cross-appealed.

The Ontario Court of Appeal, in a decision reported [1998] O.A.C. Uned. 350; 128 C.C.C.(3d) 475, dismissed the appeal and the cross-appeal. Leave to appeal to the Supreme Court of Canada was sought, and granted on February 18, 1999. See 236 N.R. 199. The appeal was heard and judgment was re­served. On February 16, 1999, the Minister of Justice ordered Shulman's immediate surrender to the United States to face trial on the single count of conspiracy to commit mail and wire fraud. Shulman applied for judicial review of the Minister's decision.

The Ontario Court of Appeal dismissed the application.

Extradition - Topic 3947

Practice - Judicial review - Decision to surrender - Pending Shulman's appeal to the Supreme Court of Canada from his committal order to the United States, the Canadian Minister of Justice ordered his immediate surrender to the United States on a conspiracy charge - Shulman sought judicial review of the Minister's decision, objecting to the sufficiency of the Minis­ter's reasons as to why Shulman's s. 6(1) Charter rights to remain in Canada would not be violated by the extradition process -The Ontario Court of Appeal dismissed the application - See paragraphs 4 to 7.

Extradition - Topic 3947

Practice - Judicial review - Decision to surrender - Pending Shulman's appeal to the Supreme Court of Canada from his committal order to the United States, the Canadian Minister of Justice ordered his immediate surrender to the United States on a conspiracy charge - Statements at­tributed to the American trial judge and prosecutor indicated that any accused to the conspiracy who resisted extradition would be treated more harshly than the accused who voluntarily surrendered to the American jurisdiction - Shulman sought judicial review of the Minister's decision - Shulman argued that the Minister erred in her opinion that Shulman's s. 7 Charter rights to a fair trial would not be violated in view of the assurances she had received that the prosecutor was removed from the case, the judge's sentencing discretion was narrowly confined and there was a mech­anism to challenge the hearing by the judge on the basis of bias - The Ontario Court of Appeal dismissed the application - See paragraphs 8 to 9.

Cases Noticed:

United States of America v. Cotroni; United States of America v. El Zein, [1989] 1 S.C.R. 1469; 96 N.R. 321; 23 Q.A.C. 182; 48 C.C.C.(3d) 193, consd. [para. 4].

Kindler v. Canada (Minister of Justice), [1991] 2 S.C.R. 779; 129 N.R. 81; 8 C.R.(4th) 1; 67 C.C.C.(3d) 1, refd to. [para. 9].

Argentina (Republic) v. Mellino, [1987] 1 S.C.R. 536; 76 N.R. 51; 80 A.R. 1; 52 Alta. L.R.(2d) 1; 28 C.R.R. 262; 33 C.C.C.(3d) 334; 40 D.L.R.(4th) 74, consd. [para. 9].

Counsel:

David Littlefield and Kevin Wilson, for the respondent;

Chris N. Buhr, for the applicant.

This application was heard on May 25, 2000, by Finlayson, Doherty and O'Connor, JJ.A., of the Ontario Court of Appeal.

The Court of Appeal released the following oral decision on May 25, 2000, and the written reasons were released on June 1, 2000.