Friday, November 30, 2007

Ontario Appeal Court Puts Hold on Schreiber Extradition

The Court of Appeals for Ontario today approved an agreement permitting Karlheinz Schreiber to remain in Canada, pending his Application to the Supreme Court of Canada for leave to appeal his deportation from Canada.

According to press reports, Schreiber intends to seek bail, to permit his release from incarceration in the interim.

National Post reports:

TORONTO - Karlheinz Schreiber has been granted a temporary reprieve to remain in Canada.

An Ontario Court of Appeal judge signed off on an agreement reached between the German-Canadian businessman's lawyers and the Department of Justice.

Mr. Schreiber's lawyers have until Jan. 15 to file their materials seeking leave to appeal to the Supreme Court of Canada and the Justice Department has until Jan. 29 to respond, which will keep him here well into the winter.

"The bottom line is Mr. Schreiber will no longer be subject to removal by the minister of justice deciding to kick him out, he's here until the Supreme Court of Canada decides it. And so, if he gets bail, then everything will be the same as it has been for eight years and three months," Mr. Schreiber's lawyer Eddie Greenspan told reporters on Friday morning.

Mr. Greenspan said he will ask the Justice Department to consent to a bail request and, if it doesn't, then he will have to argue it in the courts. Mr. Greenspan said "there is no reason" for the government not to grant the request.

"As far as I am concerned, the Department of Justice, if they were to act reasonably, would agree and consent to bail pending a determination by the Supreme Court of Canada," Mr. Greenspan said. "He's been on bail for eight years and three months. Everybody, including the ethics committee yesterday, agrees that he's not a flight risk, everybody agrees that he's not going to commit any further offences.

For additional coverage of the decision, see:

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

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