DATE: 20040518

DOCKET: C40629

COURT OF APPEAL FOR ONTARIO

RE:

UNITED STATES OF AMERICA (Respondent) – and ANDREW SEYMOUR STEWART (Appellant)

BEFORE:

LASKIN, FELDMAN and BLAIR JJ.A.

COUNSEL:

Paul Slansky

for the appellant

Bradley Reitz

for the respondent

HEARD & ENDORSED:

May 14, 2004

On appeal from the committal order for extradition of Justice John F. Hamilton of the Superior Court of Justice dated July 3, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] The appellant’s sole ground of appeal is that s. 32(1) and s. 34 of the Extradition Act are unconstitutional. That issue was decided against the appellant’s position by this court in Yang.

[2] Accordingly, the appeal is dismissed.