United States of America v. Whitley, 1996 CanLII 225 (SCC), [1996] 1 SCR 467

Lee Michael Whitley Appellant

v.

United States of America Respondent

Indexed as: United States of America v. Whitley

File No.: 24438.

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 ontario

Constitutional law ‑‑ Charter of Rights ‑‑ Fundamental justice ‑‑ Mobility rights -- Surrender of fugitive to foreign state ‑‑ Surrender not infringing fugitive's rights under Canadian Charter of Rights and Freedoms.

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

APPEAL from a judgment of the Ontario Court of Appeal (1994), 1994 CanLII 498 (ON CA), 20 O.R. (3d) 794, 75 O.A.C. 100, 119 D.L.R. (4th) 693, 94 C.C.C. (3d) 99, dismissing the fugitive's appeal from the extradition judge's order committing him for surrender (1993), 20 W.C.B. (2d) 354, and dismissing the fugitive's application for judicial review of the Minister of Justice's decision ordering his surrender for extradition. Appeal dismissed.

Wes Wilson and Shaun Nakatsuru, for the appellant.

Elaine F. Krivel, Q.C., and William H. Corbett, Q.C., for the respondent.

The judgment of the Court was delivered orally by

[ 1 ] Lamer C.J. ‑‑ The appeal is dismissed, substantially for the reasons of Laskin J.A.

Judgment accordingly.

Solicitors for the appellant: Wes Wilson, Toronto; Nakatsuru & Doucette, Toronto.

Solicitor for the respondent: The Attorney General of Canada, Toronto.