BCCLA to argue for protection against use of torture-derived evidence in extradition cases at Ontario’s highest court

Toronto – On November 4-5, 2013, the Ontario Court of Appeal will hear arguments in AG Canada (Republic of France) v. Diab. The BCCLA is an intervener in the case.

This case involves the application of the Extradition Act where there is a legitimate concern that the extradited person will be prosecuted abroad based on evidence derived from torture.

Dr. Diab is a Canadian citizen whose extradition is being sought by France. He is charged with offences arising from allegations that he is responsible for the bombing of a synagogue in Paris in 1980. Dr. Diab alleges that France is relying on torture-derived evidence in seeking his extradition. He is seeking review of Canada’s decision to order extradition in these circumstances. The case in favour of seeking Dr. Diab’s extradition was based largely on intelligence reports from unnamed foreign entities, who themselves obtained information from unknown sources in unknown circumstances.

The BCCLA takes the position that trial on the basis of torture-derived evidence is fundamentally incompatible with Canadian values and the Charter of Rights and Freedoms. The BCCLA will argue that it is against Canadian law to extradite somebody to be tried in another country using evidence that is plausibly connected to the use of torture. In such a case, the BCCLA will argue that the Minister of Justice must either satisfy himself that the evidence to be used is not connected to torture, or obtain explicit assurances from the other country that they will not use torture-derived evidence against the individual.

The BCCLA is represented in this case by Brendan van Niejenhuis and Justin Safayeni of Stockwoods LLP.

The BCCLA’s argument in this case is available here >>

What:Ontario Court of Appeal to hear oral arguments in Canada v. Diab

When:Arguments begin on Monday, November 4 at 10:30 am EST / 7:30 am PST

Where:Ontario Court of Appeal (Toronto, ON)

Who:Lawyers for the BCCLA available for comment