OTTAWA, October 16, 2009 – The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, made the following statement today following the Supreme Court of Canada’s decision allowing the Crown appeal in the Fischbacher extradition case.
“On October 16, 2009, the Supreme Court of Canada released a unanimous decision in the extradition case of United States of America v. Fischbacher. The Court upheld my 2008 surrender order of Mr. Fischbacker to face prosecution for first degree murder in relation to the death of his wife.
I am pleased with today’s Supreme Court of Canada decision. This is a significant decision as it clarifies the application of the principle or double criminality in extradition law in the face of a series of conflicting decisions out of the Ontario and British Columbia courts of appeal over the last five years. The decision also recognizes the importance of comity, or respect for the laws of our treaty partners in making my decision on surrender in extradition cases.
This decision will result in fewer challenges to surrender orders and may therefore reduce delays in extradition cases. Over the past 2 years, Mr. Fischbacher was given every reasonable opportunity to challenge his extradition."
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Ref.:
Pamela Stephens
Press Secretary
Office of the Minister of Justice
613-992-4621
Media Relations
Department of Justice
613-957-4207
