The Government of Italy sought to extradite the respondent.
During the extradition hearing, the Extradition Judge refused to admit unsworn depositions taken in Italy.
The appellant applied for mandamus to compel the admission of the evidence, which was dismissed by the Federal Court Trial Division and the Federal Court of Appeal.
The Supreme Court of Canada dismissed the appeal, holding that mandamus does not lie to review an evidentiary ruling where no question of jurisdiction is involved.
The Court also noted that while some of the unsworn depositions would be admissible because the deponents were warned of penal consequences for false testimony, mandamus was still unavailable.
