United States of America v. Jamieson, [1996] 1 S.C.R. 465

The Minister of Justice of Canada Appellant

v.

Daniel Jamieson Respondent

and

The Director of the Parthenais Detention Centre

and the Attorney General of Quebec Mis en cause

Indexed as: United States of America v. Jamieson

File No.: 24253.

1996: March 19.

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 quebec

Constitutional law ‑‑ Charter of Rights ‑‑ Fundamental justice ‑‑ Surrender of fugitive to foreign state ‑‑ Minister of Justice's surrender decision not infringing fugitive's rights under Canadian Charter of Rights and Freedoms.

Extradition -- Surrender of fugitive to foreign state -- Minister of Justice's surrender decision not infringing fugitive's rights under Canadian Charter of Rights and Freedoms.

APPEAL from a judgment of the Quebec Court of Appeal, 1994 CanLII 5920 (QC CA), [1994] R.J.Q. 2144, 93 C.C.C. (3d) 265, 34 C.R. (4th) 197, reversing a judgment of the Superior Court, J.E. 93‑1742, dismissing an application for habeas corpus. Appeal allowed.

William H. Corbett, Q.C., and George G. Dolhai, for the appellant.

Pierre Poupart and Ronald Prégent, for the respondent.

English version of the judgment of the Court delivered orally by

[1] Lamer C.J. ‑‑ Essentially for the reasons given by Baudouin J.A., the appeal is allowed, the judgment of the Court of Appeal is set aside and the decision of the Superior Court dismissing the application for habeas corpus is restored.

Judgment accordingly.

Solicitor for the appellant: The Department of Justice, Ottawa.

Solicitors for the respondent: Poupart & Cournoyer, Montréal.