Case information
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30295
Leroy Latty, et al. v. United States of America, et al.
(Ontario) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-10-13 | Correspondence (sent by the Court) to, R. Frater, R. Peck and D. Martin, from A. Roland, re: no changes to judgments | |
| 2006-07-27 | Correspondence received from, Robert Frater dated July 27/06 re: errors in judgments (sent to the Court Sept. 29/06) | United States of America |
| 2006-07-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-07-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-07-21 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeals from the judgments of the Court of Appeal for Ontario, Numbers C38689, C39662, C39032 and C39799, dated March 16, 2004, heard on October 17, 2005, are dismissed.The constitutional questions are answered as follows: 1. Do ss. 32(1)(a) and 33 of the Extradition Act, S.C. 1999, c. 18, infringe the rights and freedoms guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms? Answer: No. 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Answer: It is unnecessary to answer this question. 3. Do ss. 32(1)(a) and 33 of the Extradition Act, S.C. 1999, c. 18, infringe the rights and freedoms guaranteed by s. 6 of the Canadian Charter of Rights and Freedoms? Answer: No. 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Answer: It is unnecessary to answer this question. * Major J. took no part in the judgment. Dismissed |
|
| 2005-11-22 | Correspondence received from, R. Frater re: enclosing an additional authority with consents (joint with 30211) (sent to the judges Nov. 23/05) | United States of America |
| 2005-10-24 | Transcript received, (58 pages) | |
| 2005-10-17 | Judgment reserved OR rendered with reasons to follow | |
| 2005-10-17 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2005-10-17 |
Hearing of the appeal, 2005-10-17, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
|
| 2005-10-17 | Respondent's condensed book, 14 copies submitted in Court - Joint with 30211 | United States of America |
| 2005-10-17 | Appellant's condensed book, 14 copies submitted in Court - Joint with 30211 | Leroy Latty |
| 2005-10-05 | Notice of appearance, Edward L. Greenspan, Q.C. and Vanessa V. Christie will be present at the hearing. | Leroy Latty |
| 2005-10-04 | Notice of appearance, Robert J. Frater and Janet Henchey will be present at the hearing. | United States of America |
| 2005-08-31 | Respondent's book of authorities, Joint with 30211 (3 volumes), Completed on: 2005-08-31 | United States of America |
| 2005-08-31 | Respondent's factum, Joint with 30211, Completed on: 2005-08-31 | United States of America |
| 2005-08-17 | Appeal perfected for hearing | |
| 2005-08-15 | Notice of hearing sent to parties | |
| 2005-08-11 |
Appeal hearing scheduled, 2005-10-17, (Previously June 15/05) Judgment reserved |
|
| 2005-07-06 | Order on motion to extend time | |
| 2005-07-06 |
Decision on motion to extend time, to serve and file a single factum, record and book of authorities of the respondents to respond to both appeals to Aug. 31/05, Reg Granted |
|
| 2005-07-06 | Submission of motion to extend time, Reg | |
| 2005-07-06 | Motion to extend time, to file a joint respondents' factum, record and authorities to August 31/05 (joint with 30211), Completed on: 2005-07-06 | United States of America |
| 2005-06-22 | Appellant's book of authorities, (New covers rec'd June 29/05 - service equested), Completed on: 2005-06-29 | Leroy Latty |
| 2005-06-22 | Appellant's record, (Vol. I and II - New covers rec'd June 29/05 - service requested), Completed on: 2005-06-29 | Leroy Latty |
| 2005-06-22 | Appellant's factum, (new covers rec'd June 29/05 - proof of service requested) - CD rec'd Aug. 29/05, Completed on: 2005-06-29 | Leroy Latty |
| 2005-06-22 | Correspondence received from, Edward L. Greenspan, Q.C. dated June 21/05 re: will require companion Appellant's record in Ferras v. U.S.A. (30211) at the hearing of the appeal | Leroy Latty |
| 2005-06-08 | Order on motion to extend time, (BY THE REGISTRAR) | |
| 2005-06-08 |
Decision on motion to extend time, Reg, UPON APPLICATION by the appellants for a further order extending the time to serve and file their factum, record and book of authorities to July 6, 2005; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is granted in part. The appellants shall serve and file their factum, record and book of authorities on or before June 22, 2005. The respondent shall serve and file their factum, record and book of authorities, if any, on or before August 31, 2005. Allowed in part |
|
| 2005-06-06 | Submission of motion to extend time, Reg | |
| 2005-06-03 | Reply to motion to extend time, (Letter Form), from Edward L. Greenspan, Q.C. dated June 3/05, Completed on: 2005-06-03 | Leroy Latty |
| 2005-06-02 | Response to motion to extend time, (Letter Form), from Robert Frater dated June 2/05, Completed on: 2005-06-02 | United States of America |
| 2005-05-31 | Motion to extend time, (FURTHER EXTENSION) to file the appellants' record, factum and authorities to July 6/05, Completed on: 2005-05-31 | Leroy Latty |
| 2005-05-18 | Order on motion to extend time | |
| 2005-05-18 |
Decision on motion to extend time, to serve and file the appellants' factum, record and book of authorities to June 6/05, Reg Granted |
|
| 2005-05-17 | Submission of motion to extend time, Reg | |
| 2005-05-12 | Response to motion to extend time, Completed on: 2005-05-12 | United States of America |
| 2005-05-09 | Motion to extend time, to file the Appellant's factum, records and authorities to June 6/05. (rec'd by fax May 6/05 and original on May 9/05), Completed on: 2005-05-06 | Leroy Latty |
| 2005-04-18 | Order on motion to extend time | |
| 2005-04-18 |
Decision on motion to extend time, to serve and file the Notice of Constitutional Questions to April 7/05, Cha Granted |
|
| 2005-04-18 | Submission of motion to extend time, Cha | |
| 2005-04-14 | Response to motion to extend time, Completed on: 2005-04-14 | United States of America |
| 2005-04-07 | Motion to extend time, to serve and file on AGs the Notice of Constitutional Question., Completed on: 2005-04-07 | Leroy Latty |
| 2005-04-07 | Notice of constitutional question(s), (Served on AGs on Apr. 7/05) | Leroy Latty |
| 2005-02-10 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2005-02-10 |
Decision on the motion to state a constitutional question, CJ, 1. Do ss. 32(1)(a), 32(1)(c) and 33 of the Extradition Act, S.C. 1999, c. 18, infringe the rights and freedoms guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Granted |
|
| 2005-02-01 | Correspondence received from, D. Simon re: confirming Robert Frater as counsel for the respondents | United States of America |
| 2005-01-24 | Submission of motion to state a constitutional question, CJ | |
| 2004-11-12 | Response to the motion to state a constitutional question, Completed on: 2004-11-12 | United States of America |
| 2004-11-08 | Motion to state a constitutional question, Completed on: 2004-11-08 | Leroy Latty |
| 2004-11-08 | Notice of appeal, Completed on: 2004-11-08 | Leroy Latty |
| 2004-10-22 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-10-08 | Judgment on leave sent to the parties | |
| 2004-10-07 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C39032 and C39799, dated March 16, 2004, is granted. This case is to be heard with Shane Tyrone Ferras v. United States of America, Her Majesty the Queen and Martin Cauchon, Minister of Justice (30211). Granted |
|
| 2004-08-03 | All materials on application for leave submitted to the Judges, Ma Bi F | |
| 2004-05-28 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2004-05-17 | Respondent's response on the application for leave to appeal, Completed on: 2004-05-17 | United States of America |
| 2004-04-16 | Application for leave to appeal, Completed on: 2004-06-15 | Leroy Latty |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Latty, Leroy | Appellant | Active |
| Wright, Lynval | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| United States of America | Respondent | Active |
| Minister of Justice and Attorney General of Canada | Respondent | Active |
Counsel
Party: Latty, Leroy
Counsel
Vanessa V. Christie
144 King Street East
Toronto, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994
Email: egreenspan@144king.com
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Wright, Lynval
Counsel
144 King Street East
Toronto, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994
Email: egreenspan@144king.com
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: United States of America
Counsel
Bank of Canada Building
234 Wellington Street, Room 1161
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Party: Minister of Justice and Attorney General of Canada
Counsel
Bank of Canada Building
234 Wellington Street, Room 1161
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The Court of Appeal set out the following facts. The Appellants are sought for extradition to the United States to face charges of conspiracy to traffic cocaine and conspiracy to possess cocaine for the purpose of trafficking. The American authorities allege that they were parties to a scheme to transport large quantities of cocaine from the United States to the United Kingdom. It is alleged that an American Airlines flight attendant transported regular shipments of cocaine from 1992 to 1999 and that the Appellants coordinated the shipments from Canada. At the extradition hearing, the Appellants made no submissions with respect to the sufficiency of the evidence. They challenged the constitutionality of ss. 32 and 33 of the Extradition Act, S.C. 1999, c. 18. These sections permit the requesting state to proceed on the basis of an unsworn record of the case. The foreign prosecutor or judge is required only to provide a summary of the evidence and to certify that the evidence is available for the purposes of prosecution in the requesting state. The extradition judge dismissed the Appellants' constitutional challenge on the ground that she was bound by United States of America v. Yang (2001), 56 O.R. (3d) 52 (Ont. C.A.) and she ordered committal. The Appellants made written submissions to the Minister of Justice requesting that he refuse to order their surrender or alternatively that he ask for assurances that the Appellants will be given "two for one" credit for pre-trial custody in Canada. Leroy Latty is a Canadian citizen and Lynval Wright is a landed immigrant. Both relied in part upon ss. 7 and 12 of the Charter in their submissions to the Minister. The Minister refused the requests.
The Appellants appealed from the extradition judge's dismissal of their constitutional challenge and applied for judicial review of the Minister's decision. The appeal and application were heard together and dismissed. The same panel heard the appeal in United States of America v. Ferras, S.C.C. File No. 30211, and the decisions in both cases were released at the same time.
Lower court rulings
Ontario Superior Court of Justice
Appellants' application for a declaration that ss. 32 and 33 of the Extradition Act violate the Charter dismissed; Respondents' application for an order of committal for extradition granted
Court of Appeal for Ontario
C39032, C39799
Appeal from order of committal dismissed; Application for judicial review of Minister's order surrending Appellants dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available