Supreme Court of Canada
United
States of America v. Link, [1955] S.C.R. 183
Date: 1955-03-07
The United States Of America Appellant;
and
Walter H. Link And Harry H. Green Respondents.
1955: March 7.
Present: Kerwin C.J. and Taschereau, Rand, Kellock, Estey,
Locke, Cartwright, Fauteux and Abbott JJ.
MOTION FOR LEAVE TO APPEAL
Appeal—Jurisdiction—Extradition—Refusal of judge to
issue warrant of committal under Extradition Act, R.S.C. 1952, c. 322, s.
18—Whether judgment within Supreme Court Act, R.S.C. 1952, c. 259.
The refusal of a judge of the Superior Court of the Province
of Quebec to issue a warrant of committal under s. 18 of the Extradition
Act, R.S.C. 1952, c. 322, is not a judgment within the meaning of s. 41 of
the Supreme Court Act, R.S.C. 1952, c. 259. Consequently, this Court has
no jurisdiction to grant leave to appeal from such refusal.
T. H. Montgomery for the applicant.
M. Gross for the respondent Link.
M. Gaboury, Q.C. for the respondent Green.
D. H. W. Henry for the Attorney General of
Canada.
G. Hill, Q.C. for the Attorney General of
Quebec.
This was an application under s. 41 of the Supreme
Court Act, R.S.C. 1952, c. 259, for leave to appeal from the refusal of
Chief Justice Scott, of the Superior Court of the Province of Quebec, to issue
a warrant for the committal of the respondents under s. 18 of the Extradition
Act, R.S.C. 1952, c. 322.
The Court requested Mr. Montgomery to deal first with the
question of the jurisdiction of this Court to grant leave. At the conclusion of
his argument Counsel for the Attorney General of Canada and for the Attorney
General of Quebec stated that they took no position with reference to that
question. Without calling on Counsel for the respondents the Chief Justice
announced that the Members of the Court were unanimously of the opinion that
there was no jurisdiction, as the refusal of Chief Justice Scott was not a
judgment, as defined by s. 2(d), within the meaning of s. 41 of
the Supreme Court Act.
Application refused.
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