Hagerman v. United States and Others

Abstract

Extradition — Double criminality — Canada-United States of America Extradition Treaty, 1971 — Extradition sought from Canada — Fugitive charged in the United States with knowingly engaging in “continuing criminal enterprise” relating to drug offences — Offence not listed in Treaty — Whether Treaty contemplating extradition for any offence against United States federal law where listed offence constitutes substantive element — Whether “continuing criminal enterprise” meeting such requirement — Extradition Act 1985

Treaties — Interpretation — Canada-United States of America Extradition Treaty, 1971 — Offence of knowingly engaging in “continuing criminal enterprise” not listed in Treaty — Interpretation of treaty provisions — Whether fair and liberal interpretation with a view to fulfilling Canada’s international obligations — Offences listed in Treaty constituting substantial element of the offence of continuing criminal enterprise — Whether requirement of double criminality satisfied — The law of Canada