Jack Waissman

The applicant was ordered extradited to the United States and subsequently brought multiple applications for writs of habeas corpus.

His first application was heard on the merits and dismissed, with leave to appeal to the Supreme Court of Canada refused.

He then brought three successive applications, which were also dismissed.

The applicant sought extensions of time to file notices of appeal as of right to the Supreme Court of Canada for the subsequent dismissals.

The Court held that because the first application was heard on the merits, section 784(5) of the Criminal Code applied, meaning the applicant had exhausted his appeals and could not rely on section 784(3) to appeal as of right.

The motions for extension of time were dismissed.

The appellant was acquitted at trial after the trial judge disallowed evidence on a voir dire that a credit card in another person's name was found in the appellant's residence.

The Crown appealed, and the Quebec Court of Appeal allowed the appeal and ordered a new trial.

The Supreme Court of Canada allowed the appellant's appeal, finding that the trial judge did not err on a question of law alone, and restored the acquittal.