Summary

37237

Jasvir Singh Virdi, et al. v. Attorney General of Canada on behalf of the United States of America, et al.

(British Columbia) (Criminal) (By Leave)

Keywords

None.

Summary

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Canadian Charter of Rights and Freedoms – Criminal Law – Extradition – Double jeopardy – Whether applicant was subjected to dual punishments resulting in a violation of his rights under s. 7 of the Charter – Whether applicant was subjected to psychological duress while in custody compelling him to sign a plea agreement – Whether the undue delay between his arrest in Canada and his arrest in the United States and the initiation of the extradition proceedings violate the principles of fundamental justice – Whether applicant had proper notice of his sentencing hearing – Whether his extradition would infringe his right to remain in Canada pursuant to s. 6(1) of the Charter – Whether he was “too late” in invoking his s. 6(1) Charter rights.

The United States seeks the extradition of the applicant for the imposition of sentence on a monetary offence, failure to report on exportation of a monetary instrument, and for prosecution of the offence of failing to appear at a sentencing hearing. There was a Plea Agreement between the applicant and American prosecutors, but before the sentencing hearing, the applicant wrote to prosecutors repudiating his agreement and stating that he had decided not to voluntarily subject himself to further criminal proceeding in the United States.

Fitch J. of the Supreme Court of British Columbia committed the applicant for extradition. The Minister of Justice ordered the surrender of the applicant. The applicant’s appeal of the committal order and judicial review of the decision of the Minister were both dismissed by the Court of Appeal of British Columbia.

Lower Court Rulings

November 21, 2014
Supreme Court of British Columbia

26248, 2014 BCSC 2349
Committal for extradition to the United States to be sentenced on currency offence and trial on a charge of failing to appear
July 7, 2016
Court of Appeal for British Columbia (Vancouver)

CA42370, 2016 BCCA 291
Appeal dismissed
 

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