By Paul Russell, LegalMatters Staff • Following the amendment of the dangerous and long-term offender provisions of Part XXIV of the Criminal Code 14 years ago – which B.C. criminal lawyer Gary Botting says was an apparent attempt to limit the discretion of judges – the number of dangerous offender applications predictably skyrocketed, creating situations […]
New book explores Canada’s dangerous offender designation Read More »
B.C. criminal lawyer Gary Botting focused almost exclusively on extradition matters throughout 2021, particularly the efforts of Huawei executive Meng Wanzhou to avoid being sent to the United States to face charges. In January, Botting, principal of Gary N.A. Botting, Barrister, praised the B.C. Court of Appeal for overturning the dangerous offender designation for one
Canada’s extradition laws under attack for many reasons in 2021 Read More »
“Canada’s laws on extradition are in need of reform.” That is the understatement of the year emanating from the Halifax Colloquium of Extradition Law Reform last month. The report, authored by Dalhousie University law professor Robert J. Currie, is an important contribution to the growing literature demanding changes from top to bottom in Canada’s bureaucratic
Canada’s extradition procedures in desperate need of an overhaul Read More »
CTV National News and even the New York Times got it wrong: Peter Nygard did not consent to extradition when he appeared in court in Winnipeg on Oct. 1. Had he wanted to do so, he would have agreed to a “consent to surrender” (s. 71 of the Extradition Act) – a different beast entirely
Nygard’s ‘consent committal’ signals a whole new round of extradition Read More »
When he first arrived in Canada in 1954, Helmut Oberlander undoubtedly presented to immigration officials as a respectable young Ukrainian man in his twenties, downplaying his German ethnicity and exaggerating the location of his birth in Ukraine. To read more, click here.
Oberlander’s convoluted deportation process beaten by the clock Read More »
Alberta’s rodeo cowboys love living dangerously. Their fans turn out in droves to watch them conquer the beasts bred to buck, gallop or otherwise be roped into the record books. As rodeo season in the province peaked prior to the Calgary Stampede, Premier Jason Kenney declared that, on the advice of Chief Medical Officer of
Calgary Stampede not the only dangerous game in Alberta Read More »
More than 15 million people around the world had signed a Global Times petition to free Huawei executive Meng Wanzhou by the time she had completed 1,000 days of detention, reached on Aug. 26, pursuant to a U.S. application for provisional arrest for extradition. Canada’s minister of justice had the power and authority to turn
15 million urge Canada to do the ‘right thing’ and release Meng Read More »
The stairway to extradition in the case of Huawei executive Meng Wanzhou has been unnecessarily long and convoluted because the former and current minister of justice have not had the courage or the political will to intervene to stop it in its tracks, as they are entitled to do any time under s. 23 (3)
Political courage could end Meng’s ‘stairway to extradition’ Read More »
By Paul Russell, LegalMatters Staff • Canada should suspend extraditions to France under their bilateral extradition treaty in light of abuses of process and misrepresentations by that country in the case of Canadian professor Hassan Diab, says B.C. criminal lawyer Gary Botting. Bowing to political pressure, France’s top court has reversed the stay of proceedings
It is time to suspend Canada’s extradition treaty with France Read More »
He’s doing it again! In the Hassan Diab extradition case, as in the ongoing Meng Wanzhou proceedings, Minister of Justice David Lametti appears to be passing the buck to the courts in the name of the “Rule of Law,” thus misrepresenting – indeed enfeebling – that sacred principle of democracy. Parliament gave Lametti full discretion
Hassan Diab deserves better from the justice minister Read More »
