Canada v Schmidt
| Canada v Schmidt | |
|---|---|
| Hearing: December 18, 1985 Judgment: May 14, 1987 | |
| Full case name | Helen Susan Schmidt v. Her Majesty The Queen in Right of Canada, the United States of America and the Attorney General for Ontario |
| Citations | [1987] 1 S.C.R. 500, 61 O.R. (2d) 530, 28 C.R.R. 280, 58 C.R. (3d) 1, 20 O.A.C. 161 |
| Docket No. | 18343 |
| Prior history | Judgment for the Crown in the Court of Appeal for Ontario. |
| Ruling | Appeal dismissed. |
| Holding | |
| Rules concerning double jeopardy in Canada do not apply to foreign states in extradition hearings. | |
| Court membership | |
| Chief Justice: Brian Dickson Puisne Justices: Jean Beetz, Willard Estey, William McIntyre, Julien Chouinard, Antonio Lamer, Bertha Wilson, Gerald Le Dain, Gérard La Forest | |
| Reasons given | |
| Majority | La Forest J., joined by Dickson C.J. and Beetz, McIntyre, and Le Dain JJ. |
| Concurrence | Lamer J. |
| Concurrence | Wilson J. |
| Estey and Chouinard JJ. took no part in the consideration or decision of the case. | |
Canada v Schmidt, [1987] 1 S.C.R. 500, is a decision by the Supreme Court of Canada on the applicability of fundamental justice under the Canadian Charter of Rights and Freedoms on extradition. While fundamental justice in Canada included a variety of legal protections, the Court found that in considering the punishments one might face when extradited to another country, only those that "shock the conscience" would breach fundamental justice.