United States of America v. Park
The Court concluded there was no error in the Minister's surrender order and that the appellant's affidavit, even if accepted as fresh evidence, did not satisfy the requirements to warrant remittal; therefore the appeal was dismissed.
Source-derived case information.
- Citation
- 2009 ONCA 369
- Parties
- Respondent: The Attorney General of Canada on behalf of the United States of America and the Minister of Justice; Appellant: Jun Pum Park
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 4 May 2009
- Procedural Posture
- Criminal Extradition / Surrender / Appeal From Committal Order and Judicial Review of Minister's Surrender Order
- Outcome
- Appeal dismissed; no error in Minister's surrender order; committal appeal dismissed as abandoned.
- Legal Topics
- Surrender Order, Committal Order, Fresh Evidence, Remittal to Minister
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Attorney General of Canada on behalf of the United States of America and the Minister of Justice
Respondent
Jun Pum Park
Appellant
Procedural Posture
Criminal Extradition / Surrender / Appeal From Committal Order and Judicial Review of Minister's Surrender Order
Legal Issues
- 1 Whether the Minister's surrender order contained legal error
- 2 Whether the appellant's affidavit constituted fresh evidence warranting remittal of the surrender decision to the Minister
Ratio Decidendi
The Court concluded there was no error in the Minister's surrender order and that the appellant's affidavit, even if accepted as fresh evidence, did not satisfy the requirements to warrant remittal; therefore the appeal was dismissed.
Court Disposition
Appeal dismissed; no error in Minister's surrender order; committal appeal dismissed as abandoned.
Orders
- Appeal dismissed
- Appeal from the committal order dismissed as abandoned
Full Case Text
Judgment text and source record
1 paragraphs
United States of America v. Park Collection Decisions of the Court of Appeal Date 2009-05-04 Neutral citation 2009 ONCA 369 Docket numbers C49705, C50168 Judges Laskin, John Ivan; Feldman, Kathryn N.; Blair, Robert Ashley Subject Criminal Decision Content CITATION: United States of America v. Park, 2009 ONCA 369 DATE: 20090504 DOCKET: C49705 and C50168 COURT OF APPEAL FOR ONTARIO Laskin, Feldman and Blair JJ.A. BETWEEN The Attorney General of Canada on Behalf of the United States of America and the Minister of Justice Respondents and Jun Pum Park Appellant Raj Napal, for the appellant Richard A. Kramer, for the respondents Heard: May 1, 2009 On appeal from the committal order of Justice Maureen D. Forestell of the Superior Court of Justice dated November 26, 2008, and on judicial review from the surrender order given by The Honourable Robert Douglas Nicholson dated February 13, 2009. APPEAL BOOK ENDORSEMENT [1] We see no error in the Minister’s surrender order. Even accepting the appellant’s affidavit as fresh evidence, we are not persuaded that his evidence affords a basis to remit the issue of his surrender to the Minister. [2] Accordingly, the appeal is dismissed. [3] The appeal from the committal order is dismissed as abandoned.