La Forest JJ, joined by L'Heureux-Dubé and Gonthier JJ
Concurrence
McLachlin J
Dissent
Sopinka J, joined by Lamer CJ
Dissent
Cory J
Stevenson and Iacobucci JJ took no part in the consideration or decision of the case.
After being convicted of murder in Pennsylvania, Joseph Kindler escaped and fled to Canada. He was captured, escaped again, and was captured again. Kindler then fought his extradition. In a four-to-three decision the Court found that there was no violation of section 7 of the Charter (the right to life, liberty and security of person) or section 12 of the Charter (protection against cruel and unusual punishment). The case cited an earlier extradition decision, Canada v. Schmidt (1987), which stated that extradition may be unconstitutional under section 7 if it "shocks the conscience." In Kindler, the Court noted that while Canada itself had abolished the death penalty, Canada should respect that most other countries had not. That included the United States, with which Canada shared cultural connections and an easily-crossed border. Thus, extradition with the possibility of execution should not shock the conscience.
Kindler was ultimately returned to the United States. On December 8, 2009, the United States Supreme Court ruled in Beard v. Kindler that Kindler's flight from the United States constituted an abandonment of his right to appeal.[3]
Referencesedit
^SCC Case Information - Docket 21321 Supreme Court of Canada
kindler, canada, minister, justice, landmark, decision, supreme, court, canada, that, held, that, government, policy, that, allowed, extradition, convicted, criminals, country, which, they, face, death, penalty, valid, under, canadian, charter, rights, freedom. Kindler v Canada Minister of Justice 2 was a landmark decision of the Supreme Court of Canada that held that the government policy that allowed for extradition of convicted criminals to a country in which they may face the death penalty was valid under the Canadian Charter of Rights and Freedoms The Court repeated that finding in Reference re Ng Extradition in 1991 However Kindler was essentially overruled in 2001 with United States v Burns Kindler v Canada Minister of Justice Supreme Court of CanadaHearing 21 February 1991 Judgment 26 September 1991Full case nameJoseph John Kindler v Mr John Crosbie Minister of Justice and Attorney General of CanadaCitations 1991 2 SCR 779Docket No 21321 1 Prior historyAPPEAL from Kindler v Canada Minister of Justice 1989 2 FCR 492 FCA RulingAppeal dismissedCourt membershipChief Justice Antonio LamerPuisne Justices Gerard La Forest Claire L Heureux Dube John Sopinka Charles Gonthier Peter Cory Beverley McLachlin William Stevenson Frank IacobucciReasons givenMajorityLa Forest JJ joined by L Heureux Dube and Gonthier JJConcurrenceMcLachlin JDissentSopinka J joined by Lamer CJDissentCory JStevenson and Iacobucci JJ took no part in the consideration or decision of the case After being convicted of murder in Pennsylvania Joseph Kindler escaped and fled to Canada He was captured escaped again and was captured again Kindler then fought his extradition In a four to three decision the Court found that there was no violation of section 7 of the Charter the right to life liberty and security of person or section 12 of the Charter protection against cruel and unusual punishment The case cited an earlier extradition decision Canada v Schmidt 1987 which stated that extradition may be unconstitutional under section 7 if it shocks the conscience In Kindler the Court noted that while Canada itself had abolished the death penalty Canada should respect that most other countries had not That included the United States with which Canada shared cultural connections and an easily crossed border Thus extradition with the possibility of execution should not shock the conscience Kindler was ultimately returned to the United States On December 8 2009 the United States Supreme Court ruled in Beard v Kindler that Kindler s flight from the United States constituted an abandonment of his right to appeal 3 References edit SCC Case Information Docket 21321 Supreme Court of Canada 1991 2 S C R 779 1991 SCC 70 Beard v Kindler United States Supreme Court No 08 992 available at 1 External links editFull text of Supreme Court of Canada decision at LexUM and CanLII nbsp nbsp This article about Canadian law is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Kindler v Canada Minister of Justice amp oldid 1131387198, wikipedia, wiki, book, books, library,
