Boy the fun with this guy just never stops does it.
Show me the treaty, Schreiber tells Ottawa
Set to argue extradition pact never ratified
http://www.nationalpost.com/todays-pape ... id=1762489
Norma Greenaway, Canwest News Service Published: Monday, July 06, 2009
Karlheinz Schreiber has issued the Conservative government a new challenge: Produce a paper trail proving Canada has a valid and enforceable extradition treaty with Germany or allow him to stay in Canada until it has one.
His challenge will be played out on Friday in the Ontario Court of Appeal when his lawyers seek to delay or quash his extradition on grounds the 1979 extradition treaty with Germany might not have been ratified.
The move by Mr. Schreiber is seen by some as the equivalent of a "Hail Mary pass" by a man who, after a decade of legal manoeuvring, is running out of options for preventing his extradition to Germany where he faces charges of tax evasion, fraud and bribery.
Lawyer Gary Botting, one of Canada's leading experts on extradition, begs to differ.
Mr. Botting, who says Mr. Schreiber's Charter rights as a Canadian citizen have been violated in the quest to extradite him, assisted in shaping the arguments for Mr. Schreiber's legal team.
"I think they have a strong case," Mr. Botting, who has written four books on extradition, said in a telephone interview from Coquitlam, B. C.
"Canada became very sloppy with its extradition treaty negotiations when the treaty was being concluded (in the late '70s). I think they lost track of who had done what."
Mr. Botting said there appears to be no record of the treaty being ratified. He said there also is no evidence legislation was ever enacted to bring domestic laws in line with a treaty provision allowing the government the option of either extraditing Canadian nationals or prosecuting them in Canada.
The Criminal Code would have needed amendment to allow prosecution in Canada of alleged offences committed elsewhere, he said.
Mr. Botting said the 1979 Canada-Germany Extradition Treaty marked the first time Canada included a clause saying neither country would be bound to extradite its own nationals.
Although some treaties negotiated by the government don't require parliamentary ratification, he said, the Canada-Germany treaty marked a major change in policy that merited ratification.
Mr. Schreiber has long argued that, as a Canadian citizen, he deserves to be tried in Canada.
As it stands now, Justice Minister Rob Nicholson has agreed not to extradite the German-Canadian businessman before the federal inquiry into his cash dealings with former prime minister Brian Mulroney ends the final phase of its hearings on July 31, the deadline for submissions on whether federal ethics rules for public officeholders need to be changed.
The hearing on Friday in the Ontario Court of Appeal stems from complaints by Edward Greenspan, Mr. Schreiber's lawyer, that Mr. Nicholson has not responded to an April 20 letter seeking documents showing the treaty is valid.
Mr. Greenspan asked Mr. Nicholson to produce documents surrounding the negotiation and "purported" ratification of the Canada-Germany Extradition Treaty, as well as any legislation designed to ensure Canada's domestic laws match its treaty obligations.
Mr. Greenspan is asking the court for a judicial review of the submissions made to Mr. Nicholson questioning the validity of the treaty.
The Justice Department is asking the court to reject the application for a judicial review.
Mr. Botting said the case should force the government to either produce the documentation or, as he suspects, admit there isn't any.
"If it's there for goodness sake, bring it forward," he said.