United States of America v. Doyer, [1993] 4 S.C.R. 497

United States of America                                                                  Appellant

v.

Pierre Doyer                                                                                      Respondent

Indexed as:  United States of America v. Doyer

File No.:  23343.

1993:  November 29.

Present:  Lamer C.J. and La Forest, L'Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.

on appeal from the court of appeal for quebec

                   Extradition ‑‑ Extraditable offences ‑‑ Fugitive charged in United States with offence of continuing criminal enterprise ‑‑ Whether offence extraditable offence.

Cases Cited

                   Applied: Re McVey, [1992] 3 S.C.R. 475.

                   APPEAL from a judgment of the Quebec Court of Appeal, [1992] R.J.Q. 2458, 51 Q.A.C. 1, 77 C.C.C. (3d) 203, allowing in part the fugitive's appeal from the dismissal of his application for habeas corpus and quashing his committal for extradition purposes on the continuing criminal enterprise count.  Appeal allowed.

                   James L. Brunton and Nancy Boillat, for the appellant.

                   Richard Corriveau and Lawrence Corriveau, Q.C., for the respondent.

                   The judgment of the Court was delivered orally by

                   La Forest J. ‑‑ We are all of the view that the appeal is governed by Re McVey, [1992] 3 S.C.R. 475, which had not been decided when the case came before the Court of Appeal.  Accordingly, the appeal is allowed, the judgment of the Court of Appeal is set aside, and the warrant of committal issued by Downs J. is restored.

                   Judgment accordingly.

                   Solicitor for the appellant:  John C. Tait, Ottawa.

                   Solicitors for the respondent:  Corriveau & Associés, Québec.