Department of Justice Canada

Department of Justice Canada

August 02, 2009 22:54 ET

Statement by Justice Minister Rob Nicholson Following the Decision of the Superior Court of Justice Regarding Mr. Karlheinz Schreiber

OTTAWA, ONTARIO--(Marketwire - Aug. 2, 2009) - The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, made the following statement today following the Superior Court of Justice's refusal to grant an injunction preventing the Minister from executing the surrender order pending against Mr. Schreiber.

"On August 2, 2009, Mr. Schreiber was surrendered to Germany in accordance with the valid surrender order issued against him on October 31, 2004 by former Minister of Justice, Irwin Cotler.

Earlier today, Mr. Schreiber applied to the Superior Court of Ontario for an injunction to prevent me from executing the surrender order. Madam Justice Conway denied the application, having concluded that it was "the latest in a series of creative instalments to frustrate a legitimate extradition process".

Over a 10-year period, Mr. Schreiber was given every reasonable opportunity to challenge his extradition. His surrender to Germany was in full accord with the law and consistent with the spirit and purpose of extradition."


BACKGROUNDER

- Ten years ago, in 1999, Germany sought Karlheinz Schreiber's extradition to face trial for the serious offences of tax evasion, fraud and bribery.

- Mr. Schreiber was committed for extradition by a Superior Court Judge on June 3, 2004. On October 31, 2004, he was ordered surrendered by then-Minister of Justice Irwin Cotler.

- Over the course of this 10-year-old extradition case, Mr. Schreiber has availed himself of every possible opportunity to challenge his surrender to Germany to face prosecution. In particular, he has:

- made eleven sets of submissions to the Minister of Justice opposing his extradition;

- filed five unsuccessful judicial review applications to the Ontario Court of Appeal challenging the Minister's surrender order of October 31, 2004;

- filed four unsuccessful applications to the Supreme Court of Canada seeking leave to appeal the decisions of the Court of Appeal upholding the surrender order;

- made two failed attempts to obtain orders in the Federal Court of Canada and the Federal Court of Appeal to further forestall his surrender to Germany; and

- most recently, applied to the Superior Court of Justice seeking an injunction to prevent the execution of the valid surrender order.

- On March 3, 2008, at Mr. Schreiber's request, the Minister agreed not to extradite him to Germany until the Oliphant Commission had completed the hearings portion of the public inquiry into Mr. Schreiber's financial dealings with former Prime Minister Brian Mulroney.

- On July 28, 2009, the hearings before Commissioner Oliphant were concluded. As of this date, Mr. Schreiber became eligible for surrender to Germany.

- On August 2, 2009, Mr. Schreiber was surrendered to Germany in accordance with the valid surrender order issued on October 31, 2004.

Contact Information

  • Office of the Minister of Justice
    Genevieve Breton
    Director of Communications
    613-992-4621
    www.canada.justice.gc.ca
    or
    Department of Justice Canada
    Media Relations
    613-957-4207