Vardy, Re, (1974) 7 Nfld. & P.E.I.R. 202 (NFCA)

JudgeFurlong, C.J.N., Mifflin and Noel, JJ.
CourtNewfoundland Court of Appeal
Case DateDecember 18, 1974
JurisdictionNewfoundland and Labrador
Citations(1974), 7 Nfld. & P.E.I.R. 202 (NFCA)

Vardy, Re (1974), 7 Nfld. & P.E.I.R. 202 (NFCA);

    3 A.P.R. 202

MLB headnote and full text

Re Vardy

Indexed As: Vardy, Re

Newfoundland Court of Appeal

Furlong, C.J.N., Mifflin and Noel, JJ.

December 18, 1974.

Summary:

This case arose out of an application for an extradition order by the Minister of Justice with respect to Oliver L. Vardy, a resident of the state of Florida, U.S.A. Oliver L. Vardy applied to the Newfoundland Supreme Court for a stay of the extradition proceedings and also for a declaration that the extradition proceedings were void. The Newfoundland Supreme Court dismissed the application - see 6 Nfld. & P.E.I.R. 432.

On appeal to the Newfoundland Court of Appeal the appeal was dismissed and the judgment of the Newfoundland Supreme Court was affirmed. The Court of Appeal stated that a mandamus order cannot be issued to question a manner in which a magistrate performed his duties - see paragraph 9. With respect to the merits of the objection by Oliver L. Vardy to the extradition proceedings, the Court of Appeal stated that the Extradition Act authorized the magistrate to hear evidence at an extradition hearing in the absence of Oliver L. Vardy - see paragraphs 15 to 18.

Administrative Law - Topic 3681

Mandamus - Mandamus against the courts and judicial officers - Extradition proceedings - Application for an order to direct a magistrate to withdraw documents sent to the State of Florida respecting the extradition of Oliver L. Vardy - The Newfoundland Court of Appeal dismissed the application because a mandamus order cannot be issued to question the manner in which a magistrate performed his duty - See paragraph 9.

Civil Rights - Topic 3179

Due process and fair hearings - Criminal proceedings - Hearing in the absence of an accused - Extradition Act, section 31 - The Newfoundland Court of Appeal held that section 31 authorized a judge at an extradition hearing to hear evidence in the absence of the accused - See paragraphs 15 to 18.

Cases Noticed:

Doyle v. The Queen, 6 Nfld. & P.E.I.R. 479, folld. [para. 13].

Statutes Noticed:

Extradition Act, R.S.C. 1952, c. 322, sect. 31(1) [para. 17].

Counsel:

I. Mercer, Q.C., for the appellant;

J. Greene, Q.C., for the respondents.

Judgment was delivered by the Newfoundland Court of Appeal on December 18, 1974 and the following opinions were filed:

FURLONG, C.J.N., - see paragraphs 1 to 3,

MIFFLIN, J., - see paragraphs 4 to 11,

NOEL, J., - see paragraphs 12 to 19.

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