Judgment for the Crown in the Court of Appeal for Ontario.
Ruling
Appeal dismissed.
Holding
Rules concerning double jeopardy in Canada do not apply to foreign states in extradition hearings.
Court membership
Chief Justice: Brian Dickson Puisne Justices: Jean Beetz, Willard Estey, William McIntyre, Julien Chouinard, Antonio Lamer, Bertha Wilson, Gerald Le Dain, Gérard La Forest
Reasons given
Majority
La Forest J., joined by Dickson C.J. and Beetz, McIntyre, and Le Dain JJ.
Concurrence
Lamer J.
Concurrence
Wilson J.
Estey and Chouinard JJ. took no part in the consideration or decision of the case.
Canada v Schmidt, [1987] 1 S.C.R. 500, is a decision by the Supreme Court of Canada on the applicability of fundamental justice under the Canadian Charter of Rights and Freedoms on extradition. While fundamental justice in Canada included a variety of legal protections, the Court found that in considering the punishments one might face when extradited to another country, only those that "shock the conscience" would breach fundamental justice.
^SCC Case Information - Docket 18343 Supreme Court of Canada
CanadavSchmidt, [1987] 1 S.C.R. 500, is a decision by the Supreme Court of Canada on the applicability of fundamental justice under the Canadian Charter...
precedent in CanadavSchmidt, if the harm faced by the extradited persons is serious enough, it "shocks the conscience" of the Canadian population. Still...
whether or not detainees can be tortured. In Canada the phrase was adopted in the case Canadav. Schmidt (1987) to determine whether extradition would...
interpretation of the law may serve to negate the requisite mens rea. In CanadavSchmidt (1987), the Supreme Court found that government decisions to extradite...
remedies per se. A double jeopardy case came before the Supreme Court in Canadav. Schmidt, in which it was argued extradition to face a state charge of child-stealing...
rights claimants won their case anyway, but under section 7). Since Canadav. Schmidt, it is indeed rights to fundamental justice under section 7 that are...
precedent in Rauca and Canadav. Schmidt had not dealt with a case in which most of the criminal activity had occurred in Canada, and this case was different...
Helmut Heinrich Waldemar Schmidt (German pronunciation: [ˈhɛlmuːt ˈʃmɪt] ; 23 December 1918 – 10 November 2015) was a German politician and member of...
Tracy Schmidt is a Canadian politician, who was elected to the Legislative Assembly of Manitoba in the 2023 Manitoba general election. She represents...
Hannah Schmidt (born 4 August 1994) is a Canadian freestyle skier who competes internationally in the ski cross discipline. Schmidt has been part of the...
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piloted by Air National Guard Major Harry Schmidt dropped a laser-guided 500-pound (230 kg) bomb on the Canadians, who were conducting a night firing exercise...
Werner George Schmidt (January 18, 1932 – March 29, 2024) was a Canadian politician, teacher, and school principal. Schmidt was vice-president of Lethbridge...
from Canada." Quoted in United States v. Burns, [2001] 1 S.C.R. 283, paragraph 39. Canadav. Schmidt, [1987] 1 S.C.R. 500. United States of America v. Cotroni;...
in European Russia. 1929: Otto Schlüter (man-made) 1999: Michael W. I. Schmidt (neolithic biomass burning) As seen in the list above, the 19th and 20th-century...
Night Music (1977), The Four Seasons (1981), Thirteen Days (2000), About Schmidt (2002), Flags of Our Fathers (2006), Prisoners (2013), and Spotlight (2015)...
Power Corporation of Canada (French: Power Corporation du Canada) is a management and holding company that focuses on financial services in North America...
deputy prime minister of Canada (French: vice-première ministre du Canada) is a minister of the Crown and a member of the Canadian Cabinet. The office is...
Madeline Schmidt (born May 5, 1995) is a Canadian sprint kayaker. In 2018, as part of the K-4 boat, Schmidt finished in 9th place at the 2018 World Championships...
2020, she was a main cast member on the Netflix series Unbreakable Kimmy Schmidt, in which she played Lillian Kaushtupper. She currently plays the recurring...
West Germany, she represented Sweden at international level. Schmidt played in Germany, Canada and United States before moving to Sweden. She played for...
(born Otto Friedrich Julius Schmidt; 30 September [O.S. 18 September] 1891 – 7 September 1956), better known as Otto Schmidt, was a Soviet scientist, mathematician...
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