Schreiber challenges Canada-Germany extradition treaty
OTTAWA — Karlheinz Schreiber has issued the Conservative government a new challenge: Produce a paper trail proving Canada has a valid and enforceable extradition treaty with Germany or allow him to stay in Canada until it has one.
His challenge will be played out Friday in the Ontario Court of Appeal when his lawyers seek to delay or quash his extradition on grounds the 1979 extradition treaty with Germany might not have been ratified.
The move by Schreiber is seen by some as the equivalent of a “Hail Mary pass” by a man who, after a decade of legal manoeuvring, is running out of options for preventing his extradition to Germany where he faces charges of tax evasion, fraud and bribery.
Lawyer Gary Botting, one of Canada’s leading experts on extradition, begs to differ. Botting, who says Schreiber’s charter rights as a Canadian citizen have been violated in the quest to extradite him, assisted in shaping the arguments for Schreiber’s legal team.
“I think they have a strong case,” Botting, who has written four books on extradition, said in a telephone interview from Coquitlam, B.C.
“Canada became very sloppy with its extradition treaty negotiations when the treaty was being concluded [in the late ‘70s]. I think they lost track of who had done what.”
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mike Says:
Just put the man on a plane to Germany and get him out of here. Then reform the laws that allow refugee and extradition treaties to drag out for years even decades, usually with the public funding the legal expenses of the one(s) we are trying to extradite.
We need a “Supreme Refugee/ Extradition Court” which would be the final level of appeal, and sufficiently large to handle the thousands of cases it would be called to hear. That would set sufficient case law in a short period of time to eventually put itself out of work.
That would make too much sense and the lawyer industry which has infiltrated Parliament would prevent it from ever happening. Probably some sort of Charter issue.
mid island mike
Posted on July 5th, 2009 at 5:55 pm
MaryT Says:
Put him on a plane, and as mentioned above, improve the law. If, after 10 or more years it is decided he should never have been put on that plane, then bring him back to Canada. After he signs all kinds of agreements to never sue, carry on business in this country, or ever seeing another liberal current or former mp or office holder.
Posted on July 5th, 2009 at 7:06 pm
Mac Says:
Well played, you rotten old scoundrel.
He doesn’t have the “right” to demand a “paper trail” and it’s a pretty tenuous straw to cling to but I hope the bureaucrats have a copy of the appropriate treaty ready…
Posted on July 5th, 2009 at 11:05 pm
Jean Says:
With a treaty a country can demand the extradition of one of it’s citizens or someone who committed a crime in their country and the country where the person is actually living or hiding has to respect the treaty and deport the person.
I think that without a treaty a country although not obliged to accede to an extradition demand still has the power to extradite anyone it wants to extradite if the country in question sees this person as an undesirable.
I could be wrong but the difference is that in one case there is a treaty to respect and in the other it’s ” optional “.
Anyway if I was a lawyer trying to get this guy out of the country this would be one argument I would use assuming that it makes sense in law.
Posted on July 6th, 2009 at 2:14 am
beentheredonethat Says:
Any country can deport any non citizen it wishes. Without an extradition treaty a country can refuse to hand somebody over to another country, but in this case even if such a treaty doesn’t exist Canada has absolutely no reason to refuse to do so. His lawyer is blowing smoke out of his keister. All Canada needs to do is inform German authorities what day will be trash collection day and they will send over the garbage collectors to pick him up. Bye bye.
Posted on July 6th, 2009 at 12:56 pm