FEDERAL COURT JURISDICTION
Judicial review of acts by RCMP, officials in federal department of Justice, respective Ministers since 1995 in context of investigation, extradition of applicant to Germany—Whether Federal Court having jurisdiction to consider application judicial review; if so, whether Court should exercise jurisdiction in regard to issues considered by Ontario courts; if so, whether application should be granted—Extradition Act, S.C. 1999, c. 18, s. 57 giving provincial courts of appeal power to deal with applicant’s issues—Applicant arrested in 1999, wanted in Germany for equivalent offences of tax evasion, fraud, writing forged documents, bribery, secret commissions—Committed for extradition in May 2004; surrender order issued, upheld by courts—Interpretation of s. 57—Intention of legislation to clothe provincial courts of appeal with Federal Court-like powers—Federal Court not having jurisdiction to grant relief sought—Proper jurisdiction for this “matter” Ontario Court of Appeal—Even if Federal Court had jurisdiction, should not exercise discretion to grant judicial review—Application dismissed.
Schreiber v. Canada (Attorney General) (T-389-07, 2007 FC 618, Phelan J., judgment dated 11/6/07, 20 pp.)