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In re Extradition of Frank Cotroni
Court of Appeal, Jackett C.J., Thurlow and Pratte JJ.—Ottawa, December 20, 1973.
Extradition—Judicial review—Jurisdiction re bail pending review—Jurisdiction to order applicant to remain in Canada pending review—Canadian Bill of Rights, S.C. 1960, c. 44, s. 2(f)—Federal Court Act, s. 28(1).
There is no inherent or implied power in the Court to grant bail or to order by mandamus or otherwise to compel the Extradition Judge to grant bail or to order the applicant to remain in Canada pending a section 28 proceeding in an application to set aside a warrant issued under the Extradi tion Act.
APPLICATION. COUNSEL:
K. C. Binks, Q.C., and G. M. Legault for applicant.
L. P. Landry for respondent.
SOLICITORS:
Binks, Chilcott and Simpson, Ottawa, for applicant.
Deputy Attorney General of Canada for respondent.
The judgment of the Court was delivered by
JACKETT C.J. (orally)—This is an interlocuto ry application in a section 28 proceeding that the Court
(a) set bail for the applicant pending the hear ing of the said appeal, or, in the alternative,
(b) order by mandamus, or otherwise compel, the Extradition Judge to grant bail to the applicant, or
(c) make such order as is necessary and appropriate to set the applicant at liberty pending hearing of the said appeal in accord ance with the applicant's right to reasonable bail as set out in paragraph 2W of the Canadi- an Bill of Rights, S.C. 1960, c. 44 [see R.S.C. 1970, Appendix III], or
(d) order that the applicant, Frank Cotroni, remain in Canada and not be delivered up to the United States Government until the hear ing or other disposition of this said appeal.
The section 28 proceeding is an application to set aside a warrant issued under the Extradition Act.
Counsel for the applicant concedes that there is no statutory provision that expressly confers on this Court jurisdiction to make any of the orders sought prior to the time when the Court has reviewed the decision of the Extradition Judge and is in a position to exercise the powers conferred by section 52(d) of the Federal Court Act. He contends, however, that there must be an implied or inherent power to grant bail and to make the other orders sought in the interim.
We are all of opinion that there is no such implied or inherent power in the Court.
The application will be dismissed.
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