Extradition Case Law - United States V. Burns, Soering V United Kingdom, Canada V. Schmidt, United States of America V. Cotroni (Paperback)

Purchase includes free access to book updates online and a free trial membership in the publisher's book club where you can select from more than a million books without charge. Chapters: United States V. Burns, Soering V United Kingdom, Canada V. Schmidt, United States of America V. Cotroni, Puerto Rico V. Branstad, Valentine V. United States, Ciaran Tobin Extradition Case, Extradition Case of John Anderson, Reference Re Ng Extradition, Kindler V. Canada, Charlton V. Kelly. Excerpt: Canada v. Schmidt item Holding item Extradition of the appellant is justified; Rules concerning double jeopardy in Canada cannot be imposed on a foreign state. item Court membership item Chief Justice: Brian Dickson Puisne Justices: Jean Beetz, Willard Estey, William McIntyre, Julien Chouinard, Antonio Lamer, Bertha Wilson, Gerald Le Dain, Grard La Forest item Reasons given item Majority by: La Forest Joined by: Dickson, Beetz, McIntyre, and Le Dain Concurrence by: Lamer Concurrence by: Wilson Canada v. Schmidt, 1 S.C.R. 500, is a decision by the Supreme Court of Canada on the applicability of fundamental justice under the Canadian Charter of Rights and Freedoms on extradition . While fundamental justice in Canada included a variety of legal protections, the Court found that in considering the punishments one might face when extradited to another country, only those that "shock the conscience " would breach fundamental justice. Background The defendant was a Canadian citizen named Helen Susan Schmidt, who along with her son Charles Gress and his friend Paul Hildebrand had kidnapped a young girl in Cleveland, Ohio . Schmidt claimed to believe the girl was her granddaughter and that the girl's biological mother kept her in a home ill suited for a child. Helen Schmidt then lived with the girl for two years in New York before her arrest in 1982. She was charged with kidnapping (a federal offence in the United States ) and with child-stealing (an offence in Ohio ). That same yea...