United States of America v. Kerfoot, 2016 BCCA 306

JurisdictionBritish Columbia
JudgeNeilson, Bennett and Savage, JJ.A.
CourtCourt of Appeal (British Columbia)
Subject MatterEXTRADITION,CRIMINAL LAW
Citation2016 BCCA 306
Date14 July 2016
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11 practice notes
  • Sheck v. Canada (Minister of Justice), 2019 BCCA 364
    • Canada
    • Court of Appeal (British Columbia)
    • October 25, 2019
    ...[Canada (Justice) v. Fischbacher, 2009 SCC 46] at paras. 38, 54; [United States v. Leonard, 2012 ONCA 622]; United States v. Kerfoot, 2016 BCCA 306 at para. 89. However, the threshold is high and the test must account for all relevant factors, including the seriousness of the offence and th......
  • United States of America v. Fraser, 2017 BCCA 136
    • Canada
    • Court of Appeal (British Columbia)
    • March 31, 2017
    ...[49] The standard of review on appeals from orders of committal was summarized by Madam Justice Bennett in United States v. Kerfoot, 2016 BCCA 306: Standard of [45] An appellate court may allow an appeal and set aside an order for committal if the order is: a) unreasonable or cannot be supp......
  • United States of America v. Patterson, 2017 BCCA 52
    • Canada
    • Court of Appeal (British Columbia)
    • February 3, 2017
    ...States v. Costanzo, 2009 BCCA 120 at paras. 19–20, leave to appeal refused, [2009] S.C.C.A. No. 196 (see also United States v. Kerfoot, 2016 BCCA 306 at para. The Test [37] The test for ordering committal into custody to await surrender is: 29 (1) A judge shall order the committal of the pe......
  • United States of America v Ferguson,
    • Canada
    • Court of Appeal (British Columbia)
    • May 3, 2023
    ...the result of a wrong decision on a question of law, or (iii) results in a miscarriage of justice: see also United States v. Kerfoot, 2016 BCCA 306 at para. 45. An extradition judge's findings are entitled to deference unless they are unreasonable and questions of law are reviewed for ......
  • Request a trial to view additional results
11 cases
  • Sheck v. Canada (Minister of Justice), 2019 BCCA 364
    • Canada
    • Court of Appeal (British Columbia)
    • October 25, 2019
    ...[Canada (Justice) v. Fischbacher, 2009 SCC 46] at paras. 38, 54; [United States v. Leonard, 2012 ONCA 622]; United States v. Kerfoot, 2016 BCCA 306 at para. 89. However, the threshold is high and the test must account for all relevant factors, including the seriousness of the offence and th......
  • United States of America v. Fraser, 2017 BCCA 136
    • Canada
    • Court of Appeal (British Columbia)
    • March 31, 2017
    ...[49] The standard of review on appeals from orders of committal was summarized by Madam Justice Bennett in United States v. Kerfoot, 2016 BCCA 306: Standard of [45] An appellate court may allow an appeal and set aside an order for committal if the order is: a) unreasonable or cannot be supp......
  • United States of America v. Patterson, 2017 BCCA 52
    • Canada
    • Court of Appeal (British Columbia)
    • February 3, 2017
    ...States v. Costanzo, 2009 BCCA 120 at paras. 19–20, leave to appeal refused, [2009] S.C.C.A. No. 196 (see also United States v. Kerfoot, 2016 BCCA 306 at para. The Test [37] The test for ordering committal into custody to await surrender is: 29 (1) A judge shall order the committal of the pe......
  • United States of America v Ferguson,
    • Canada
    • Court of Appeal (British Columbia)
    • May 3, 2023
    ...the result of a wrong decision on a question of law, or (iii) results in a miscarriage of justice: see also United States v. Kerfoot, 2016 BCCA 306 at para. 45. An extradition judge's findings are entitled to deference unless they are unreasonable and questions of law are reviewed for ......
  • Request a trial to view additional results

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