14.37: Single appeal judges

Case Summary

The Respondent, Andronyk, commenced an Originating Application for Judicial Review to challenge the Decision of the Minister of Justice under the Extradition Act, SC 1999 c 18 who had decided to unconditionally surrender the Respondent to the Unites States. The Respondent had been granted a Judicial Interim Release Order pending his Application for Judicial Review. The Attorney General advanced a multi-faceted Application seeking: an Order to rescind the Interim Release Order on the basis that the Respondent had breached it, a warrant for the Respondent’s arrest, a certificate referral to the Bail Forfeiture Court, and dismissal of the Respondent’s Application for Judicial Review.

Watson J.A. reviewed Rule 14.37 and determined that a single Appeal Judge had the authority to dismiss an Application for Judicial Review under Rule 14.37(2)(b). The Rule allows a single Appeal Judge to declare an Appeal to be struck, dismissed, or abandoned where an Appellant fails to comply with a mandatory Rule or prior Order or direction of the Court. Justice Watson held that this was consistent with sections 57(10) of the Extradition Act, and section 482(1) of the Criminal Code, RSC 1985 c C-46 which each provide that provincial Rules of civil procedure apply, provided they are not inconsistent with the provisions of those enactments respectively.

Justice Watson held that the Respondent had seemingly defaulted of the terms of his Interim Release Order, which gave the Court the authority to dismiss his Application for Judicial Review. The Attorney General’s Application was granted in full.

View CanLII Details