Date: 20080421
Docket: A-334-07
Citation: 2008 FCA
147
CORAM: RICHARD C.J.
EVANS J.A.
SHARLOW
J.A.
BETWEEN:
KARLHEINZ
SCHREIBER
Appellant
and
THE ATTORNEY GENERAL OF CANADA,
THE SOLICITOR GENERAL OF CANADA,
AND THE COMMISSIONER OF THE RCMP
Respondents
Heard at Edmonton, Alberta, on April 21, 2008.
Judgment delivered at Edmonton, Ontario, on April 21, 2008.
REASONS
FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Date: 20080421
Docket: A-334-07
Citation: 2008 FCA 147
CORAM: RICHARD
C.J.
EVANS
J.A.
SHARLOW
J.A.
BETWEEN:
KARLHEINZ SCHREIBER
Appellant
and
THE ATTORNEY GENERAL OF CANADA,
THE SOLICITOR GENERAL OF CANADA,
AND THE COMMISSIONER OF THE RCMP
Respondents
REASONS FOR JUDGMENT
(Delivered from the Bench, at Edmonton, Alberta, on April 21, 2008.)
EVANS J.A.
[1]
This is an
appeal by Karlheinz Schreiber from a decision of Justice Phelan of the Federal
Court (2007 FC 618) dismissing an application for judicial review to stay his
extradition to Germany. Mr Schreiber alleges that
members of the RCMP and other Canadian government officials have violated his
rights under the Canadian Charter of Rights and Freedoms, thus tainting
the surrender order against him and its implementation.
[2]
We are all
of the view that this appeal is without merit. Justice Phelan committed no
reversible error when he exercised his discretion to dismiss the application
without entering into the substance of Mr Schreiber’s allegations. Each and
every one of these allegations either was or could have been raised before the
Ontario courts in the various proceedings brought there by Mr Schreiber to
challenge all stages of the extradition process, or was or could have been put
before the Minister of Justice as the basis of a reconsideration of the
surrender order. If the Ontario courts had found any of these
issues to have merit, they could have granted an effective remedy.
[3]
Counsel
has provided no sufficient reasons why the issues raised in this application
for judicial review should be relitigated in the Federal Courts in an attempt
to prevent Mr Schreiber’s surrender to stand trial in Germany. The fact that the Minister of Justice
is not named as a respondent in this proceeding, or that the bases on which Mr
Schreiber seeks to rely may constitute a “course of conduct” raising questions
of Charter breaches, does not establish that Justice Phelan committed
reversible error in the exercise of his discretion. The important principle of
finality in the litigation process has not been abolished by the Charter.
[4]
For these
reasons, the appeal will be dismissed with costs.
“John
M. Evans”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-334-07
APPEAL FROM
A JUDGMENT OF THE HONOURABLE MR. JUSTICE PHELAN DATED JUNE 11, 2007, DOCKET NO.
T-389-07)
STYLE OF CAUSE: Karlheinz
Schreiber v.
The Attorney General of Canada, The Solicitor General of Canada and The Commissioner of the RCMP
PLACE OF HEARING: Edmonton, AB
DATE OF HEARING: April 21, 2008
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD, EVANS, SHARLOW, C.J., JJ.As
DELIVERED FROM THE BENCH BY: EVANS, J.A.
APPEARANCES:
|
Mr. Robert Hladun
|
FOR THE APPELLANT
|
|
Mr. James
Shaw
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Hladun & Company
Edmonton, AB
|
FOR THE
APPELLANT
|
|
John H. Sims,
Q.C.
Deputy Attorney General of Canada
Ottawa, ON
|
FOR THE
RESPONDENT
|
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