Gaynor & Green v. United States of America

Gaynor & Green v. United States of America

The court held that proceedings for a writ of prohibition to restrain an extradition commissioner arise out of a criminal charge and therefore are excluded from appeal to the Supreme Court of Canada by s.24(g) (as amended); accordingly the asserted appeal was quashed.

Citation
(1905) 36 SCR 247
Parties
Appellant / Petitioner: John Francis Gaynor; Appellant / Petitioner: Benjamin D. Green; Extradition Commissioner: Ulric Lafontaine; Respondent / Applicant for Extradition: United States of America
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 June 1905
Procedural Posture
Extradition; Writ of Prohibition; Appeal / Motion to Quash Appeal to the Supreme Court of Canada From Court of King's Bench (appeal Side)
Outcome
Appeal quashed with costs; petition for leave to appeal to the Privy Council abandoned and dismissed.
Legal Topics
Prohibition, Jurisdiction, Statutory Interpretation, Appealability, Habeas Corpus, Public Policy
Source Language
English
Extradition Criminal Law Administrative Law Appeals Prerogative Writs Prohibition Jurisdiction Statutory Interpretation +3 more

Case Brief

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Parties

John Francis Gaynor

Appellant / Petitioner

Benjamin D. Green

Appellant / Petitioner

Ulric Lafontaine

Extradition Commissioner

United States of America

Respondent / Applicant for Extradition

Procedural Posture

Extradition; Writ of Prohibition; Appeal / Motion to Quash Appeal to the Supreme Court of Canada From Court of King's Bench (appeal Side)

Legal Issues

  1. 1 Whether a motion for a writ of prohibition to restrain an extradition commissioner is a proceeding arising out of a criminal charge within the meaning of s.24(g) of the Supreme & Exchequer Courts Act as amended
  2. 2 Whether an appeal lies to the Supreme Court of Canada in extradition-related prohibition proceedings
  3. 3 Construction and effect of s.24(g) and s.31 of the Supreme & Exchequer Courts Act in extradition matters

Ratio Decidendi

The court held that proceedings for a writ of prohibition to restrain an extradition commissioner arise out of a criminal charge and therefore are excluded from appeal to the Supreme Court of Canada by s.24(g) (as amended); accordingly the asserted appeal was quashed.

Court Disposition

Appeal quashed with costs; petition for leave to appeal to the Privy Council abandoned and dismissed.

Orders

  • Appeal quashed with costs.
  • Petition for leave to appeal to the Privy Council abandoned and dismissed 26 July 1905.