Canada v. Barrientos, 1996 CanLII 141 (SCC), [1997] 1 SCR 531
The United States of America Appellant
v.
Roberto Barrientos Respondent
Indexed as: Canada v. Barrientos
1996: March 14.
Present: Lamer C.J. and La Forest, L’Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.
on appeal from the court of appeal for alberta
Extradition -- Extraditable offence -- “Punishable” -- Accused wanted in U.S. for immigration offences -- Extradition crimes limited to those punishable by mandatory imprisonment in excess of one year -- Similar offences in Canada punishable by fine or imprisonment under 2 years or both -- Offence extraditable -- “Punishable” meaning “subject to” punishment.
APPEAL from a judgment of the Alberta Court of Appeal (1995), 1995 ABCA 468, 36 Alta. L.R. (3d) 59, 178 A.R. 1, 110 W.A.C. 1, 103 C.C.C. (3d) 481, [1996] 3 W.W.R. 631, allowing an appeal from a judgment of Fruman J. issuing warrant of committal for extradition. Appeal allowed.
Kimberley Prost and Robert Prior, for the appellant.
Charles R. Darwent, for the respondent.
//The Chief Justice//
The judgment of the Court was delivered orally by
1The Chief Justice -- We are most grateful to you Mr. Darwent, for not having wasted the Court’s time by belabouring the cases and precise points that needed to be raised, and which were fully, properly and adequately dealt with in keeping with the tradition of good advocacy that this Court is used to. Nevertheless we need not hear from your opponents as we are now ready to hand down judgment sedia sedente.
2For the reasons of Hetherington J.A. the appeal is allowed, the judgment of the Court of Appeal of Alberta (1995), 1995 ABCA 468, 36 Alta. L.R. (3d) 59, is set aside, and the order of Fruman J. is restored.
Judgment accordingly.
Solicitor for the appellant: The Attorney General of Canada, Ottawa.
Solicitor for the respondent: Charles R. Darwent, Calgary.