Reference re Ng Extradition
Encyclopedia
Reference Re Ng Extradition (Can.)
was a 1991 case in which the Supreme Court of Canada
held that it was permissible to extradite a fugitive to a country in which he might face the death penalty. The issue came before the court in the form of a reference
from the government; the federal government asked the court for an advisory opinion as to whether the extradition of a fugitive threatened with execution would violate the Canadian Charter of Rights and Freedoms
.
Along with the Kindler
case, the ruling in Re Ng Extradition was essentially overturned in 2001 with United States v. Burns
. In Burns, the Supreme Court found extraditing people to places where they might face the death penalty breached fundamental justice
under the Charter. In 1998, Ng was convicted in California of eleven counts of murder and sentenced to death. As of 2011 he remains on death row awaiting execution.
was in the custody of the State of California
charged with eleven counts of murder, kidnapping, and burglary, for which he potentially faced the death penalty. Before his trial he managed to escape and flee to Canada.
On July 6, 1985 in Calgary, Alberta he was caught shoplifting
, and while resisting arrest, he shot a security guard in the hand. The United States
successfully petitioned the government to have Ng extradited. Ng submitted a habeas corpus
request, which was denied, followed by an application to the Alberta Court of Appeal and the Supreme Court of Canada, all of which were denied.
In response to requests to gain an assurance from the United States government not to seek the death penalty, the Minister of Justice submitted the following questions to the Supreme Court:
and Beverley McLachlin
, with Claire L'Heureux-Dubé
and Charles Gonthier
concurring with both. Both majority opinions referred to Kindler v. Canada (1991), where the Court considered the same question and found that there was no Charter violation.
Antonio Lamer
, John Sopinka
, and Peter Cory dissented on both questions. Cory concluded that without any assurance from the United States there would be a clear violation of s.12 of the Charter that could not be saved under s.1. Sopinka's opinion referred to s.7 of the Charter but reached the same conclusion as Cory's.
was a 1991 case in which the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
held that it was permissible to extradite a fugitive to a country in which he might face the death penalty. The issue came before the court in the form of a reference
Reference question
In Canadian law, a Reference Question is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation....
from the government; the federal government asked the court for an advisory opinion as to whether the extradition of a fugitive threatened with execution would violate the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
.
Along with the Kindler
Kindler v. Canada (Minister of Justice)
Kindler v. Canada 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...
case, the ruling in Re Ng Extradition was essentially overturned in 2001 with United States v. Burns
United States v. Burns
United States v. Burns [2001] 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...
. In Burns, the Supreme Court found extraditing people to places where they might face the death penalty breached fundamental justice
Fundamental justice
Fundamental justice is a legal term that signifies a dynamic concept of fairness underlying the administration of justice and its operation, whereas principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the...
under the Charter. In 1998, Ng was convicted in California of eleven counts of murder and sentenced to death. As of 2011 he remains on death row awaiting execution.
Background
Charles Chi-Tat NgCharles Ng
Charles Chi-Tat Ng is a serial killer. With Leonard Lake, he is suspected of murdering between 11 and 25 victims at Lake's ranch in Calaveras County, California, United States....
was in the custody of the State of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
charged with eleven counts of murder, kidnapping, and burglary, for which he potentially faced the death penalty. Before his trial he managed to escape and flee to Canada.
On July 6, 1985 in Calgary, Alberta he was caught shoplifting
Shoplifting
Shoplifting is theft of goods from a retail establishment. It is one of the most common property crimes dealt with by police and courts....
, and while resisting arrest, he shot a security guard in the hand. The United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
successfully petitioned the government to have Ng extradited. Ng submitted a habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
request, which was denied, followed by an application to the Alberta Court of Appeal and the Supreme Court of Canada, all of which were denied.
In response to requests to gain an assurance from the United States government not to seek the death penalty, the Minister of Justice submitted the following questions to the Supreme Court:
Ruling
The Court answered both questions in the negative. There were two majority opinions in the case, written by Gérard La ForestGérard La Forest
Gérard Vincent La Forest, CC, QC, FRSC, LL.D was a Puisne Justice of the Supreme Court of Canada from January 16, 1985 to September 30, 1997....
and Beverley McLachlin
Beverley McLachlin
Beverley McLachlin, PC is the Chief Justice of Canada, the first woman to hold this position. She also serves as a Deputy of the Governor General of Canada.-Early life:...
, with Claire L'Heureux-Dubé
Claire L'Heureux-Dubé
Claire L'Heureux-Dubé, served as a justice on the Supreme Court of Canada from 1987 to 2002. She was the first woman from Quebec and the second woman appointed to this position.- Personal history :...
and Charles Gonthier
Charles Gonthier
Charles Doherty Gonthier, was a Puisne judge on the Supreme Court of Canada from February 1, 1989 to August 1, 2003. He was replaced by Morris Fish.-Early life:...
concurring with both. Both majority opinions referred to Kindler v. Canada (1991), where the Court considered the same question and found that there was no Charter violation.
Antonio Lamer
Antonio Lamer
Joseph Antonio Charles Lamer, PC, CC, CD was a Canadian lawyer, jurist and Chief Justice of the Supreme Court of Canada.-Personal life:...
, John Sopinka
John Sopinka
John Sopinka, QC was a Canadian lawyer and puisne justice on the Supreme Court of Canada, the first Ukrainian-Canadian appointed to the high court....
, and Peter Cory dissented on both questions. Cory concluded that without any assurance from the United States there would be a clear violation of s.12 of the Charter that could not be saved under s.1. Sopinka's opinion referred to s.7 of the Charter but reached the same conclusion as Cory's.