Hearing: February 21, 1991 Judgment: September 26, 1991
Citations
[1991] 2 SCR 858
Docket No.
21990 [1]
Court membership
Chief Justice: Antonio Lamer Puisne Justices: Bertha Wilson, Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, William Stevenson
Reasons given
Majority
La Forest J., joined by L'Heureux-Dubé and Gonthier JJ.
Concurrence
McLachlin J., joined by L'Heureux-Dubé and Gonthier JJ.
Dissent
Sopinka J., joined by Lamer C.J.
Dissent
Cory J.
Reference Re Ng Extradition[2][3] was a 1991 case in which the Supreme Court of Canada held that it was permissible to extradite Charles Ng, a fugitive, to the United States, where he was wanted on charges of several murders and might face the death penalty. The issue came before the court in the form of a reference from the federal government, which asked the court for an advisory opinion as to whether the extradition of a fugitive threatened with execution would violate the Canadian Charter of Rights and Freedoms.
Along with the Kindler case, the ruling in Re Ng Extradition was essentially overturned in 2001 with United States v. Burns. In Burns, the Supreme Court found extraditing people to countries in which they might face the death penalty breached fundamental justice under the Charter.
In 1998, Ng was convicted by a jury in California of eleven counts of murder and sentenced to death. As of March 2022[update], official California Department of Corrections and Rehabilitation records show Ng still waits on death row,[4] where no executions have taken place since 2006.
^SCC Case Information - Docket 21990 Supreme Court of Canada
^[1991] 2 SCR 858
^"Reference Re Ng Extradition". umontreal.ca. 1991-09-26. Archived from the original on 2010-01-17. Retrieved 2011-02-28.
^CDCR Division of Adult Operations. "Condemned Inmate List". California Department of Corrections and Rehabilitation. Retrieved 2022-03-03.
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Re Ng Extradition". umontreal.ca. 1991-09-26. Archived from the original on 2010-01-17. Retrieved 2011-02-27. "Charles Chi-tat Ng – Extradited From Canada...
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