R. v. Parisien
Canada Supreme Court
1 S.C.R. 950 (1988)
- Written by Emily Pokora, JD
Facts
Canadian citizen Yves Parisien (defendant) was arrested in Brazil at the Canadian government’s request pursuant to its arrest warrant for five counts of fraud committed while Parisien was in Canada. No extradition treaty existed between Canada and Brazil; however, Brazilian law allowed for extradition in the event that the requesting country agreed to reciprocate in extradition requests made by Brazil. Brazil also required that the accused not be imprisoned or charged with additional offenses committed before extradition and that the accused not be surrendered to any other country without Brazil’s consent. Canada agreed, and Parisien was extradited to Canada for prosecution. Parisien pleaded guilty, served 18 months in prison, and was released. Canada requested Brazil’s consent to charge Parisien with new crimes committed before and after Parisien’s extradition, which Brazil refused. Parisien left Canada freely to visit Portugal, returning to Canada voluntarily, where he was met with 39 counts of crimes committed before his extradition. Parisien’s motion to quash the proceedings was dismissed. The court of appeals dismissed Parisien’s appeal, and Parisien appealed to the Canada Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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