View source for Reference Re Ng Extradition

{{Italic title}}{{SCCInfoBox
|case-name=Reference Re Ng Extradition
|full-case-name=
|heard-date=February 21, 1991
|decided-date=September 26, 1991
|history=
|ruling=
|ratio=
|SCC=1990-1991
|Majority=La Forest J.
|JoinMajority=L'Heureux-Dubé and Gonthier JJ.
|Concurrence=McLachlin J.
|JoinConcurrence=L'Heureux-Dubé and Gonthier JJ.
|Dissent=Sopinka J.
|JoinDissent=Lamer C.J.
|Dissent2=Cory J.
|citations=[1991] 2 SCR 858|docket=21990}}'''''Reference Re Ng Extradition'''''<ref>[https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/786/index.do <nowiki>[1991] 2 SCR 858</nowiki>]</ref><ref name="extradite">{{cite web|url=http://scc.lexum.umontreal.ca/en/1991/1991scr2-858/1991scr2-858.html |title=Reference Re Ng Extradition |publisher=umontreal.ca |date=1991-09-26 |accessdate=2011-02-28 |url-status=dead |archiveurl=https://web.archive.org/web/20100117163259/http://scc.lexum.umontreal.ca/en/1991/1991scr2-858/1991scr2-858.html |archivedate=2010-01-17 }}</ref> was a 1991 case in which the [[Supreme Court of Canada]] held that it was permissible to extradite [[Charles Ng]], a fugitive, to the [[United States]], where he was wanted on charges of several murders and might face the [[death penalty]]. The issue came before the court in the form of a [[reference question|reference]] from the federal government, which asked the court for an [[advisory opinion]] as to whether the extradition of a fugitive threatened with execution would violate the [[Canadian Charter of Rights and Freedoms]].

Along with the ''[[Kindler v. Canada (Minister of Justice)|Kindler]]'' case, the ruling in ''Re Ng Extradition'' was essentially overturned in 2001 with ''[[United States v. Burns]]''.  In ''Burns'', the Supreme Court found extraditing people to countries in which they might face the death penalty breached [[fundamental justice]] under the Charter. 

In 1998, Ng was convicted by a jury in [[California]] of eleven counts of murder and sentenced to death. {{As of|2022|March}}, official [[California Department of Corrections and Rehabilitation]] records show Ng still waits on [[death row]],<ref>{{Cite web |title=Condemned Inmate List |url=https://www.cdcr.ca.gov/capital-punishment/condemned-inmate-list-secure-request/ |access-date=2022-03-03 |language=en-US |work=[[California Department of Corrections and Rehabilitation]] |author=CDCR Division of Adult Operations}}</ref> where no executions have taken place [[capital punishment in California|since 2006]].

== Background ==
[[Charles Ng|Charles Chi-Tat Ng]] was wanted by the State of California on multiple counts of murder, kidnapping, and burglary, for which he potentially faced the death penalty. After his accomplice [[Leonard Lake]] confessed to their crimes—and committed suicide—Ng fled to Canada. 

On July 6, 1985, in [[Calgary]], [[Alberta]], he was caught [[shoplifting]]. While resisting arrest, he shot a security guard in the hand. The [[United States]] petitioned the government to have Ng extradited. Ng submitted a ''[[habeas corpus]]'' request, which was denied, followed by an application to the [[Alberta Court of Appeal]] and the Supreme Court of Canada, all of which were denied.

In response to requests to gain an assurance from the United States government not to seek the death penalty, the [[Minister of Justice (Canada)|Minister of Justice]] submitted the following questions to the Supreme Court:
{{quotation|
#Is s. 25 of the Extradition Act, to the extent that it permits the Minister of Justice to order the surrender of a fugitive for a crime for which the fugitive may be or has been sentenced to death in the foreign state without first obtaining assurances from the foreign state that the death penalty will not be imposed, or, if imposed, will not be executed, inconsistent with ss. 7 or 12 of the Canadian Charter of Rights and Freedoms?
# If the answer to question 1 is in the affirmative, is s. 25 of the Extradition Act, a reasonable limit of the rights of a fugitive within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms, and therefore not inconsistent with the Constitution Act, 1982?
}}

== Ruling ==
The Court answered both questions in the negative. There were two majority opinions in the case, written by [[Gérard La Forest]] and [[Beverley McLachlin]], with [[Claire L'Heureux-Dubé]] and [[Charles Gonthier]] concurring with both. Both majority opinions referred to ''[[Kindler v. Canada]]'' (1991), where the Court considered the same question and found that there was no Charter violation.

[[Antonio Lamer]], [[John Sopinka]], and [[Peter Cory]] dissented on both questions. Cory concluded that without any assurance from the United States against imposing the death sentence, there would be a clear violation of s.12 of the Charter, which could not be saved under s.1. Sopinka's opinion referred to s.7 of the Charter but reached the same conclusion as Cory.

==See also==
* [[List of Supreme Court of Canada cases]]

==References==
{{reflist}}

==External links==
* {{lexum-scc2|1991|2|858|79}}

{{DEFAULTSORT:Ng Extradition Reference}}
[[Category:Canadian immigration and refugee case law]]
[[Category:Canadian Charter of Rights and Freedoms case law]]
[[Category:Supreme Court of Canada cases]]
[[Category:Capital punishment in the United States]]
[[Category:Death penalty case law]]
[[Category:1991 in Canadian case law]]
[[Category:1991 in international relations]]
[[Category:Capital punishment in Canada]]
[[Category:Canadian extradition case law]]
[[Category:Canada–United States relations]]
[[Category:Supreme Court of Canada reference question cases]]