Canada (Attorney General) v. Singh
The abandonment was set aside and the appeal reinstated because newly obtained materials could undermine the earlier concession as to sufficiency of the record and, in the interests of justice, reopening the appeal was appropriate; reinstatement was conditional on perfection by September 30, 2008, and bail was...
Source-derived case information.
- Citation
- 2008 ONCA 624
- Parties
- Respondent: Minister of Justice and Attorney General of Canada; Respondent: United States of America; Applicant: Yadwinder Singh (aka Yadwinder Dhillon)
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 12 September 2008
- Procedural Posture
- Criminal (extradition) / Appeal From Committal Reinstated; Judicial Review Pending
- Outcome
- Application granted; order of abandonment set aside; appeal reinstated on condition of perfection by September 30, 2008; bail extended to December 1, 2008.
- Legal Topics
- Committal, Abandonment, Reopening Appeal, Sufficiency of Evidence, Bail Pending Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Minister of Justice and Attorney General of Canada
Respondent
United States of America
Respondent
Yadwinder Singh (aka Yadwinder Dhillon)
Applicant
Procedural Posture
Criminal (extradition) / Appeal From Committal Reinstated; Judicial Review Pending
Legal Issues
- 1 Whether abandonment may be set aside and appeal reopened in the interests of justice
- 2 Whether newly obtained materials undermine the concession as to sufficiency of the record
- 3 Whether bail should be extended pending judicial review and appeal
Ratio Decidendi
The abandonment was set aside and the appeal reinstated because newly obtained materials could undermine the earlier concession as to sufficiency of the record and, in the interests of justice, reopening the appeal was appropriate; reinstatement was conditional on perfection by September 30, 2008, and bail was extended to December 1, 2008.
Court Disposition
Application granted; order of abandonment set aside; appeal reinstated on condition of perfection by September 30, 2008; bail extended to December 1, 2008.
Orders
- Application granted
- Order of abandonment set aside
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Singh Collection Decisions of the Court of Appeal Date 2008-09-12 Neutral citation 2008 ONCA 624 Docket numbers C46074, M36717 Judges Rosenberg, Marc; Feldman, Kathryn N.; Juriansz, Russell G. Subject Criminal Decision Content CITATION: Canada (Attorney General) v. Singh, 2008 ONCA 624 DATE: 20080912 DOCKET: M36717 (C46074) COURT OF APPEAL FOR ONTARIO Rosenberg, Feldman and Juriansz JJ.A. BETWEEN: The Minister of Justice and Attorney General of Canada and The United States of America Respondents and Yadwinder Singh (aka Yadwinder Dhillon) Applicant John Norris for the applicant Richard Kramer for the respondents Heard and released orally: September 4, 2008 ENDORSEMENT [1] At the time this appeal from committal was abandoned, there was no possibility of success, given the concession before the extradition judge as to the sufficiency of the record of the case. The applicant has since come into possession of materials that he submits undermine the sufficiency of the evidence. Given that the judicial review is still outstanding, we are satisfied that it would be in the interests of justice to reopen the appeal. [2] Accordingly, the application is granted, the order of abandonment is set aside and the appeal against committal is reinstated on the condition that the appeal is to be perfected by September 30, 2008. If the appeal is not perfected by that date, the order dismissing the appeal will stand. [3] Bail pending judicial review and appeal is extended to December 1, 2008. Signed: “M. Rosenberg J.A.” “K. Feldman J.A.” “R. G. Juriansz J.A.”