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Canada v Schmidt
''Canada v Schmidt'', () 1 S.C.R. 500, is a decision by the Supreme Court of Canada on the applicability of fundamental justice under the ''Canadian Charter of Rights and Freedoms'' on extradition. While fundamental justice in Canada included a variety of legal protections, the Court found that in considering the punishments one might face when extradited to another country, only those that "shock the conscience" would breach fundamental justice.
==Background==
The defendant was a Canadian citizen named Helen Susan Schmidt, who along with her son Charles Gress and his friend Paul Hildebrand had kidnapped a young girl in Cleveland, Ohio. Schmidt claimed to believe the girl was her granddaughter and that the girl's biological mother kept her in a home ill suited for a child. Helen Schmidt then lived with the girl for two years in New York before her arrest in 1982. She was charged with kidnapping (a federal offence in the United States) and with child-stealing (an offence in Ohio). That same year she was acquitted of kidnapping, but she fled to Canada before her state trial commenced. She was captured in Ontario and was prepared to be extradited.
While being charged for child-stealing after having been acquitted of kidnapping would not violate the double jeopardy clause in the Fifth Amendment to the United States Constitution, as the states are not bound by this amendment, Schmidt fought the extradition as a violation of double jeopardy rights under section 11(h) of the ''Canadian Charter.''
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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