CITATION: United States of America v. Ferroni, 2009 ONCA 214
DATE: 20090309
DOCKET: C46149
COURT OF APPEAL FOR ONTARIO
Laskin, Blair and Watt JJ.A.
IN THE MATTER OF The Extradition Act, S.C. 1999, c. 18
AND IN THE MATTER OF an Application by the United States of America, Requesting State for the Extradition of Bernardo G. Ferroni
AND IN THE MATTER OF an Application for Judicial Review of the decision of the Minister of Justice.
BETWEEN
United States of America, and the Honourable Minister of Justice
Respondents
and
Bernardo G. Ferroni
Appellant
Mauro Marchioni, for the appellant
Thomas C. Lemon, for the respondents
Heard: March 6, 2009
On appeal from the committal order of Justice W. Brian Trafford of the Superior Court of Justice dated October 19, 2006.
APPEAL BOOK ENDORSEMENT
[1] The appeal has no merit. On the appellant’s first ground of appeal, the extradition judge was entitled to accept counsel’s position as an informed waiver of the right to make submissions and as proper concession of the case for committal. We have no evidence that the appellant did not understand the nature of the proceedings or the position his counsel took on his behalf. Moreover, the evidence in support of committal was overwhelming
[2] On the appellant’s second ground of appeal, any delay in the appellate process did not affect the fairness or integrity of the extradition proceedings, and did not prejudice the appellant. Moreover, the appellant himself was the author of part of the delay by ordering transcripts piecemeal, and by ordering some transcripts that were unnecessary to the prosecution of the appeal.
[3] Accordingly, the appeal is dismissed.