United States v. Zawierucha
The court held the application must be dismissed because the applicant was aware of his right to make submissions, produced no evidence he attempted to make late submissions or asked the Minister to reconsider, and therefore was not denied natural justice nor did the Minister exceed jurisdiction in ordering surrender.
Source-derived case information.
- Citation
- 2012 ONCA 353
- Parties
- Respondent: The Attorney General of Canada on behalf of the United States of America; Applicant: Miroslaw Zawierucha
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 28 May 2012
- Procedural Posture
- Extradition Judicial Review / Application for Judicial Review (court of Appeal)
- Outcome
- Application dismissed
- Legal Topics
- Natural Justice, Surrender Order, Ministerial Discretion, Procedural Fairness, Right to Make Submissions
- 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
Respondent
Miroslaw Zawierucha
Applicant
Procedural Posture
Extradition Judicial Review / Application for Judicial Review (court of Appeal)
Legal Issues
- 1 Whether the Minister exceeded jurisdiction by ordering surrender without written submissions from the applicant
- 2 Whether the applicant was denied natural justice by the Minister's order
- 3 Whether there was any evidence the applicant attempted to make submissions or sought reconsideration
Ratio Decidendi
The court held the application must be dismissed because the applicant was aware of his right to make submissions, produced no evidence he attempted to make late submissions or asked the Minister to reconsider, and therefore was not denied natural justice nor did the Minister exceed jurisdiction in ordering surrender.
Court Disposition
Application dismissed
Orders
- The application for judicial review is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
United States v. Zawierucha Collection Decisions of the Court of Appeal Date 2012-05-28 Neutral citation 2012 ONCA 353 Docket numbers C54117 Judges Goudge, Stephen Thomas; Gillese, Eileen E.; Ducharme, Edward W. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: United States v. Zawierucha, 2012 ONCA 353 DATE: 20120525 DOCKET: C54117 Goudge, Gillese and Ducharme JJ.A. IN THE MATTER OF an application for judicial review pursuant to s. 57 of the Extradition Act, S.C. 1999, c. 18 BETWEEN The Attorney General of Canada on behalf of the United States of America Respondent and Miroslaw Zawierucha Applicant Vanessa Christie, for the applicant Moiz Rahman, for the respondent Heard: May 22, 2012 On application for judicial review of the order of surrender of the Minister of Justice and Attorney General of Canada dated December 14, 2010. APPEAL BOOK ENDORSEMENT [1] The applicant submits that the Minister exceeded his jurisdiction and denied him natural justice by ordering his surrender without the benefit of his having made written submissions to the Minister. [2] We do not accept this submission. [3] The applicant was made aware of his right to make submissions to the Minister during the extradition hearing. There is nothing in the record to suggest that he was unaware of his right to make submissions. Further, there is no evidence that the applicant attempted to make a late submission to the Minister. Nor is there any evidence that the applicant asked the Minister to reconsider his decision in light of the fact that he did not make submissions. [4] In the circumstances, we see no basis on which to hold that the applicant was denied natural justice by the Minister. [5] The application is dismissed.