Court File and Parties

CITATION: United States of America v. Mendez, 2009 ONCA 601

DATE: 20090731

DOCKET: C49393

COURT OF APPEAL FOR ONTARIO

Simmons, Rouleau and Watt JJ.A.

BETWEEN:

The Attorney General of Canada on behalf of The United States of America

Respondents

And

Jesus Chavira Mendez a.k.a. Cristobal Perez Otero a.k.a. Chewie

Applicant

Counsel: Leslie Maunder for the applicant Richard Kramer for the respondents

Heard and released orally: July 24, 2009

On appeal from committal for extradition by Justice Frank Marrocco of the Superior Court of Justice, dated January 24, 2007.

ENDORSEMENT

[1] Under s. 70(1) of the Extradition Act, S.C. 1999 c. 18, consent to committal is to be given in writing and before a judge thus requiring the presence of the person sought. Presence includes linguistic presence. Counsel for the extradition partner concedes that the person sought was not linguistically present because the proceedings were not interpreted for him.

[2] In these circumstances, we allow the appeal from the committal order, set it aside and order a new committal hearing.

Signed: "Janet Simmons J.A." "Paul Rouleau J.A." "David Watt J.A."