United States of America v. Cobb et al., (1997) 42 O.T.C. 288 (GD)

• Judge: Hawkins, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: October 28, 1997
• Jurisdiction: Ontario
• Citations: (1997), 42 O.T.C. 288 (GD)

USA v. Cobb (1997), 42 O.T.C. 288 (GD)

MLB headnote and full text

Temp. Cite: [1997] O.T.C. TBEd. NO.026

In The Matter Of the Extradition Act R.S.C. 1985 Ch. E-23;

And In The Matter Of an application by the United States of America, requesting state, for the extradition of Robert MacFarlane, Allen Grossman, Joran Bar, Harry Cobb, Michael Demitre, Barye Kadis, Anthony Laviola, Michael Michaelov, Paul Robbins, Howard Shulman, Alan Shuman, James Spirling, Monty Thull, James Tsioubris and Dennis Vincent Torpy.

United States of America (requesting state) v. Harry Cobb, Allen Grossman and James Tsioubris (fugitives)

(File No. E-04\95)

Indexed As: United States of America v. Cobb et al.

Ontario Court of Justice

General Division

Toronto Region

Hawkins, J.

October 28, 1997.

Summary:

The accused, Canadian citizens resident in Canada, were indicted for fraud in Pennsylvania. They were allegedly involved in a mail and wire fraud scheme. The United States applied to extradite the accused. Many of the co-accused had surrendered and had been sentenced. The American judge hearing the trial stated on record that he would give the maximum sentence to those who did not surrender for extradition, if convicted. The state prosecutor stated on a Canadian television show that those who waited out extradition would receive a greater sentence and become "the boyfriend of a very bad man". The accused opposed extradition. The accused claimed, inter alia, that their s. 7 Charter rights would be violated if they were extradited in the circumstances. They also claimed that the United States did not make out a prima facie case and that there was undue delay.

The Ontario Court (General Division) held that the United States made out a prima facie case. The court dismissed the delay applications. The court held that it had jurisdiction to hear Charter arguments. The court ordered that the extradition proceedings be stayed because the accused had been publicly threatened by the trial judge and the prosecuting attorney in a manner that violated their s. 7 Charter rights.

Civil Rights - Topic 3129

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Extradition proceedings - See paragraphs 10 to 18, 23 to 36.

Civil Rights - Topic 3130

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Delay - See paragraphs 10 to 18.

Civil Rights - Topic 8363

Canadian Charter of Rights and Freedoms - Denial of rights - Jurisdiction - Court of competent jurisdiction - See paragraphs 19 to 22.

Extradition - Topic 8

General - Extradition - Application of Charter - See paragraphs 23 to 36.

Extradition - Topic 23

General - Bars to extradition - Charter breaches - See paragraphs 23 to 36.

Extradition - Topic 1403

Jurisdiction - Courts - Charter issues - See paragraphs 19 to 22.

Extradition - Topic 3360

Surrender to demanding country - Considerations - See paragraphs 23 to 36.

Cases Noticed:

United States of America v. Cazzetta (1996), 108 C.C.C.(3d) 536 (Que. C.A.), refd to. [para. 20].

United States of America et al. v. Dynar (1997), 213 N.R. 321; 101 O.A.C. 321; 115 C.C.C.(3d) 481 (S.C.C.), refd to. [para. 28].

Kindler v. Canada (Minister of Justice), [1991] 2 S.C.R. 779; 129 N.R. 81; 67 C.C.C.(3d) 1, refd to. [para. 30].

Johnson v. United States of America, [1997] O.A.C. Uned. 445 (C.A.), refd to. [para. 31].

Hurley v. United States of Mexico et al. (1997), 101 O.A.C. 121 (C.A.), refd to. [para. 32].

Statutes Noticed:

Extradition Act, R.S.C. 1985, c. E-23, sect. 9(3) [para. 19].

Counsel:

Paul Stern, for Harry Cobb;

Brian Greenspan, for Allen Grossman;

Paul Cooper, for James Tsioubris.

This application was heard on October 6 to 8, 1997, by Hawkins, J., of the Ontario Court (General Division), who delivered the following decision on October 28, 1997.