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Reference Re Ng Extradition

Index Reference Re Ng Extradition

Reference Re Ng Extradition 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. [1]

27 relations: Alberta, Antonio Lamer, Beverley McLachlin, Calgary, California, California Department of Corrections and Rehabilitation, Canadian Charter of Rights and Freedoms, Capital punishment, Charles Gonthier, Charles Ng, Claire L'Heureux-Dubé, Court of Appeal of Alberta, Death row, Fundamental justice, Gérard La Forest, Habeas corpus, John Sopinka, Kindler v Canada (Minister of Justice), Leonard Lake, List of Supreme Court of Canada cases, Minister of Justice and Attorney General of Canada, Peter Cory, Reference question, Shoplifting, Supreme Court of Canada, United States, United States v Burns.

Alberta

Alberta is a western province of Canada.

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Antonio Lamer

Joseph Antonio Charles Lamer, (July 8, 1933 – November 24, 2007) was a Canadian lawyer, jurist and the 16th Chief Justice of the Supreme Court of Canada.

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Beverley McLachlin

Beverley McLachlin, (born September 7, 1943) was the 17th Chief Justice of Canada, the first woman to hold this position, and the longest serving Chief Justice of Canada in history.

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Calgary

Calgary is a city in the Canadian province of Alberta.

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California

California is a state in the Pacific Region of the United States.

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California Department of Corrections and Rehabilitation

The California Department of Corrections and Rehabilitation (CDCR) is responsible for the operation of the California state prison and parole systems.

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Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms (La Charte canadienne des droits et libertés), in Canada often simply the Charter, is a bill of rights entrenched in the Constitution of Canada.

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Capital punishment

Capital punishment, also known as the death penalty, is a government-sanctioned practice whereby a person is put to death by the state as a punishment for a crime.

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Charles Gonthier

Charles Doherty Gonthier, (August 1, 1928 – July 16, 2009) was a Puisne judge on the Supreme Court of Canada from February 1, 1989 to August 1, 2003.

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Charles Ng

Charles Ng Chi-Tat (born December 24, 1960) is a serial killer who committed numerous crimes in the United States. He is believed to have raped, tortured and murdered between 11 and 25 victims with his accomplice Leonard Lake at Lake's cabin in Calaveras County, California, in the Sierra Nevada foothills, 60 miles from Sacramento. After his 1985 arrest and imprisonment in Canada on robbery and weapons charges, followed by a lengthy dispute between Canada and the United States, Ng was extradited to California, tried, and convicted of 11 murders. He is currently on death row at San Quentin State Prison.

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Claire L'Heureux-Dubé

Claire L'Heureux-Dubé, (born September 7, 1927) served as a puisne justice on the Supreme Court of Canada from 1987 to 2002.

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Court of Appeal of Alberta

The Court of Appeal of Alberta (frequently referred to as Alberta Court of Appeal or ABCA) is a Canadian appellate court.

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Death row

Death row is a special section of a prison that houses inmates who are awaiting execution after being sentenced to death for the conviction of capital crimes.

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Fundamental justice

In Canadian and New Zealand law, fundamental justice is the fairness underlying the administration of justice and its operation.

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Gérard La Forest

Gérard Vincent La Forest (born April 1, 1926) is former a puisne justice of the Supreme Court of Canada from January 16, 1985 to September 30, 1997.

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Habeas corpus

Habeas corpus (Medieval Latin meaning literally "that you have the body") is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.

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John Sopinka

John Sopinka, (March 19, 1933 – November 24, 1997) was a Canadian lawyer and puisne justice on the Supreme Court of Canada, the first Ukrainian-Canadian appointed to the high court.

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Kindler v Canada (Minister of Justice)

Kindler v Canada (Minister of Justice) was a landmark decision of the Supreme Court of Canada where it was held that the government policy that allowed for extradition of convicted criminals to a country where they may face the death penalty was valid under the Canadian Charter of Rights and Freedoms. The Court repeated this finding in Reference re Ng Extradition in 1991. However, Kindler was essentially overruled in 2001 with United States v. Burns. After being convicted of murder in Pennsylvania, Joseph Kindler escaped and fled to Canada. He was captured, escaped again and was captured again. Kindler then fought his extradition. In a four-to-three decision the Court found that there was no violation of section 7 of the Charter (the right to life, liberty and security of person) or section 12 of the Charter (protection against cruel and unusual punishment). The case cited an earlier extradition decision, Canada v. Schmidt (1987), which states extradition may be unconstitutional under section 7 if it "shocks the conscience." In Kindler, the Court noted that while Canada itself had abolished the death penalty, Canada should respect that most other countries had not. This included the United States, with which Canada shared cultural connections and an easily crossed border. Thus, extradition with the possibility of execution should not shock the conscience. Kindler was ultimately returned to the United States. On December 8, 2009, the United States Supreme Court ruled in Beard v. Kindler that Kindler's flight from the United States constituted an abandonment of his right to appeal.

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Leonard Lake

Leonard Thomas Lake (October 29, 1945June 6, 1985) — also known as Leonard Hill and a variety of other aliases — was an American serial killer.

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List of Supreme Court of Canada cases

The Supreme Court of Canada is the court of last resort and final appeal in Canada.

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Minister of Justice and Attorney General of Canada

The Minister of Justice is the Minister of the Crown in the Canadian Cabinet who is responsible for the Department of Justice, chief federal legal adviser and is also Attorney General of Canada.

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Peter Cory

Peter deCarteret Cory, (born October 25, 1925) is a former puisne judge of the Supreme Court of Canada, from 1989 to 1999.

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Reference question

In Canadian law, a reference question (formally called abstract review) is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue.

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Shoplifting

Shoplifting (also known as boosting and five-finger discount), is the unnoticed theft of goods from an open retail establishment.

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Supreme Court of Canada

The Supreme Court of Canada (Cour suprême du Canada) is the highest court of Canada, the final court of appeals in the Canadian justice system.

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United States

The United States of America (USA), commonly known as the United States (U.S.) or America, is a federal republic composed of 50 states, a federal district, five major self-governing territories, and various possessions.

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United States v Burns

United States v Burns 1 S.C.R. 283, 2001 SCC 7, was a decision by the Supreme Court of Canada in which it was found that extradition of individuals to places where they may face the death penalty is a breach of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms.

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Redirects here:

Re Ng Extradition, Reference Re Ng Extradition (Can.), Reference re Ng Extradition.

References

[1] https://en.wikipedia.org/wiki/Reference_Re_Ng_Extradition

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