R v. MINISTER, 2020 QCCA 1800
Opinion
Egorho c. Minister of Justice Canada 2020 QCCA 1800 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007116-195 (500-36-009124-184) DATE: December 17, 2020 CORAM: THE HONOURABLE MARTIN VAUCLAIR, J.A. JOCELYN F. RANCOURT, J.A. LUCIE FOURNIER, J.A. EJOVWOKE MARK EGORHO PETITIONER v. MINISTER OF JUSTICE CANADA RESPONDENT and THE UNITED STATES OF AMERICA IMPLEADED PARTY JUDGMENT [ 1 ] On November 11, 2020 [1] , this Court reserved judgment on the application for judicial review of an initial decision made by the Minister of Justice of Canada on June 18, 2019 ordering Mr.
Egorho’s surrender to the United States of America [2] . The Court granted a period of thirty (30) days for the Petitioner to file a second application for judicial review regarding the response dated November 10 th , 2020, refusing the Petitioner’s late submissions made on November 6 and 9, 2020 in which he requested the reconsideration of the surrender order. [ 2 ] On December 10, 2020, Mr. Barbacki, on behalf of the Petitioner, advised the Court by email that he decided not to file a second application for judicial review.
The day before, a request for the issuance of an arrest warrant was presented to the Superior Court of Québec on December 9, 2020, which was granted, the Petitioner being illegally at large for more than a month, contrary to his release conditions. The Petitioner is thus currently under an arrest warrant. [ 3 ] The Respondent asked the Court to dismiss the judicial review [3] .
In his response, the Petitioner’s attorney offered no explanation of his whereabouts [4] . [ 4 ] Under the circumstances, the Court is satisfied that the petitioner is absconding justice and that it is appropriate to dismiss the application for judicial review [5] . FOR THESE REASONS, THE COURT: [ 5 ] DISMISSES Plaintiff’s application for judicial review. MARTIN VAUCLAIR, J.A. JOCELYN F. RANCOURT, J.A. LUCIE FOURNIER, J.A. Mtre Andrew Barbacki ANDRÉ BARBACKI Mtre Benjamin Wilner SHADLEY BIEN-AIMÉ For the Petitioner
Mtre Claudine Dib MINISTER OF JUSTICE CANADA For the Respondent and the Impleaded Party Date of hearing: November 11, 2020
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