Reference Re Ng Extradition
| Reference Re Ng Extradition | |
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| Hearing: February 21, 1991 Judgment: September 26, 1991 |
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| Citations | {{{citations}}} |
| Court Membership | |
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Chief Justice: Antonio Lamer Puisne Justices: Bertha Wilson, Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, William Stevenson |
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| Reasons given | |
| Majority | La Forest J., joined by L'Heureux-Dubé and Gonthier JJ. |
| Concurrence | McLachlin J., joined by L'Heureux-Dubé and Gonthier JJ. |
| Dissent | Sopinka J., joined by Lamer C.J. |
| Dissent | Cory J. |
Reference Re Ng Extradition 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 from the government; the federal government 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 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 places where 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. According to the official California Department of Corrections death row condemned inmate list, as of April 2017 he remains on death row awaiting execution.
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.
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