United States v. Lane, 2017 ONCA 396

JurisdictionOntario
JudgeLaskin, Watt and Hourigan JJ.A.
Citation2017 ONCA 396
Date18 May 2017
CourtCourt of Appeal (Ontario)
Docket NumberC61435
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12 practice notes
  • Court Of Appeal Summaries (June 10-14)
    • Canada
    • Mondaq Canada
    • July 4, 2019
    ...2017 SCC 44, United States v. Burns, 2001 SCC 7, Kindler v. Canada (Minister of Justice), [1991] 2 S.C.R. 779, United States v. Lane, 2017 ONCA 396, Canada (Minister of Justice) v. Everard (2005), 74 O.R. (3d) 363 (C.A.), United States of America v. Cotroni, [1989] 1 S.C.R. 469 Ontario Revi......
  • Defining the Principles of Fundamental Justice
    • Canada
    • Irwin Books Fundamental Justice: Section 7 of the Canadian Charter of Rights and Freedoms. Second Edition
    • June 22, 2019
    ...in Thailand of America v Magnif‌ico , 2007 ONCA 535; United States of America v Wilcox , 2015 BCCA 39; United States of America v Lane , 2017 ONCA 396. 95 Burns , above note 85 at paras 124–32. 96 Ibid at para 72. 97 Ibid at para 73. 98 Ibid at paras 76–81 and paras 90–92. 99 Ibid at paras ......
  • Procedural Fairness as a Principle of Fundamental Justice
    • Canada
    • Irwin Books Fundamental Justice: Section 7 of the Canadian Charter of Rights and Freedoms. Second Edition
    • June 22, 2019
    ...of twenty-six years’ imprisonment and a “presumptive sentence” of forty years for two sexual offences); United States of America v Lane , 2017 ONCA 396 (person sought faced minimum of thirty-eight years’ imprisonment for child pornography offences); United States of America v Jamieson , [19......
  • Table of cases
    • Canada
    • Irwin Books Fundamental Justice: Section 7 of the Canadian Charter of Rights and Freedoms. Second Edition
    • June 22, 2019
    ...338 United States of America v Kwok, 2001 SCC 18 ................................................ 332 United States of America v Lane, 2017 ONCA 396 .................................... 135, 334 United States of America v Latty. See United States of America v Ferras United States of America......
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5 cases
  • R. v. Granados-Arana, 2017 ONSC 6785
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 17, 2017
    ...shock the conscience of Canadians so as to make surrender unjust or oppressive.”[73] Most recently, in United States v. Lane, 2017 ONCA 396, 349 C.C.C. (3d) 311, Hourigan J.A., delivering the judgment of the court, at paras. 85-90, noted that the governing legal test, of whether a sentence ......
  • Sheck v. Canada (Minister of Justice), 2019 BCCA 364
    • Canada
    • Court of Appeal (British Columbia)
    • October 25, 2019
    ...for possession of a single marihuana cigarette, which might shock the conscience of the community). … [123] In United States v. Lane, 2017 ONCA 396, leave to appeal ref’d [2017] S.C.C.A. No. 390, the Ontario Court of Appeal applied Wilcox, [87] There is no question, and the Minister was cer......
  • THE ATTORNEY GENERAL FOR CANADA ON BEHALF OF THE UNITED STATES OF AMERICA v. ELOFER,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 23, 2023
    ...directly to the circumscribed issues relevant at the committal stage of the extradition process”: see United States v. Lane, 2017 ONCA 396 at para 45; United States v. Kwok, at para. 57; M. (M.) v. United States, 2015 SCC 62 at para. 55. [39]       ......
  • United States of America v Ferguson,
    • Canada
    • Court of Appeal (British Columbia)
    • May 3, 2023
    ...Canadian conscience so as to violate s. 7 of the Charter. He noted that this test was a very strict one, citing United States v. Lane, 2017 ONCA 396, leave to appeal to the SCC refused [2017] S.C.C.A. No. 390. He acknowledged the significant penalties provided for under United States senten......
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2 firm's commentaries
  • Court Of Appeal Summaries (June 10-14)
    • Canada
    • Mondaq Canada
    • July 4, 2019
    ...2017 SCC 44, United States v. Burns, 2001 SCC 7, Kindler v. Canada (Minister of Justice), [1991] 2 S.C.R. 779, United States v. Lane, 2017 ONCA 396, Canada (Minister of Justice) v. Everard (2005), 74 O.R. (3d) 363 (C.A.), United States of America v. Cotroni, [1989] 1 S.C.R. 469 Ontario Revi......
  • Ontario Court Of Appeal Summaries (May 15 – 19, 2017)
    • Canada
    • Mondaq Canada
    • May 25, 2017
    ...had not been made prior to Mr. Martini's retainer or after his withdrawal from the case. Criminal Decisions: United States v. Lane, 2017 ONCA 396 [Laskin, Watt, and Hourigan JJ.A.] J. Norris, for the applicant R. Kramer and M. Rahman, for the respondent Keywords: Criminal Law, Child Pornogr......
5 books & journal articles
  • Defining the Principles of Fundamental Justice
    • Canada
    • Irwin Books Fundamental Justice: Section 7 of the Canadian Charter of Rights and Freedoms. Second Edition
    • June 22, 2019
    ...in Thailand of America v Magnif‌ico , 2007 ONCA 535; United States of America v Wilcox , 2015 BCCA 39; United States of America v Lane , 2017 ONCA 396. 95 Burns , above note 85 at paras 124–32. 96 Ibid at para 72. 97 Ibid at para 73. 98 Ibid at paras 76–81 and paras 90–92. 99 Ibid at paras ......
  • Procedural Fairness as a Principle of Fundamental Justice
    • Canada
    • Irwin Books Fundamental Justice: Section 7 of the Canadian Charter of Rights and Freedoms. Second Edition
    • June 22, 2019
    ...of twenty-six years’ imprisonment and a “presumptive sentence” of forty years for two sexual offences); United States of America v Lane , 2017 ONCA 396 (person sought faced minimum of thirty-eight years’ imprisonment for child pornography offences); United States of America v Jamieson , [19......
  • Table of cases
    • Canada
    • Irwin Books Fundamental Justice: Section 7 of the Canadian Charter of Rights and Freedoms. Second Edition
    • June 22, 2019
    ...338 United States of America v Kwok, 2001 SCC 18 ................................................ 332 United States of America v Lane, 2017 ONCA 396 .................................... 135, 334 United States of America v Latty. See United States of America v Ferras United States of America......
  • International Criminal Cooperation
    • Canada
    • Irwin Books International & Transnational Criminal Law. Third Edition
    • June 25, 2020
    ...125 Kindler , above note 13. 126 Above note 121. 127 Above note 95 at para 32. 128 Diab , above note 95. See also United States v Lane , 2017 ONCA 396 at para 85; XY v United States , 2015 ONCA 773 at para 5. And see the recent case of Sheck v Canada (Minister of Justice) , 2019 BCCA 364. 1......
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