DATE: 20050818

DOCKET: C40527/C41891

COURT OF APPEAL FOR ONTARIO

RE:

UNITED STATES OF AMERICA – and – HER MAJESTY THE QUEEN – and – IRWIN COTLER, MINISTER OF JUSTICE (Respondents) – and – WILLIAM CHARLES RATH (Applicant/Appellant)

BEFORE:

GOUDGE, SIMMONS AND ARMSTRONG JJ.A.

COUNSEL:

Brian H. Greenspan

for the appellant

Bradley Reitz

for the respondent

HEARD:

August 11, 2005

On appeal from the order of the committal for extradition by Justice Johanne N. Morissette of the Superior Court of Justice dated August 28, 2003 and the application for judicial review of the decision of the Minister of Justice, issued May 26, 2004, signing the warrant of surrender in this matter.

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

[1] The appellant concedes that the facts underlying the American charges involved a licensed distributor and therefore would have been illegal in Canada when they occurred. On that basis he abandons the first issue in this appeal.

[2] The appellant concedes that we are bound by Ferris in respect of issues 2 and 3. We agree. The appeal must therefore be dismissed.