Court File and Parties

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

Counsel: 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."