Independent Review of the Extradition of Dr. Hassan Diab

Appendix B – Timeline

Investigations in France

October 3, 1980
Bomb explodes outside a synagogue at 24 Rue Copernic.
French police conduct extensive investigations. Bombing is linked to a man using the pseudonym Alexander Panadriyu.
1999
Intelligence information is received by French authorities that identifies Hassan Diab as involved in the 1980 bombing.
October 2007
Article in Le Figaro reports that French authorities are investigating Dr. Diab in connection to the 1980 bombing. Dr. Diab is interviewed by reporter and denies any involvement.

2008

January
France makes first formal request for mutual legal assistance in gathering evidence in Canada. RCMP begins surveillance of Dr. Diab in Canada.
March
Jacques Lemire, IAG counsel stationed in France, meets with the investigating Judge, Marc Trévidic, to discuss the Diab case.
April
Judge Trévidic, along with other French officials, meet with officials from the RCMP and members of the IAG, including Tom Beveridge and Claude LeFrançois, in Ottawa.
June 5
France sends a mutual legal assistance treaty (MLAT) request to Canada. The handwriting reports of Ms. Barbe-Prot and Ms. Marganne are included in the material provided in support of the request. Reports compare writing on a hotel registration card filled in by Panadriyu with samples of Dr. Diab’s handwriting.
October 21
France sends an MLAT request seeking execution of search warrants relating to Dr. Diab and request that Dr. Diab’s palm prints be taken.
November 13
Dr. Diab is arrested and held for bail. Dr. Diab’s fingerprints and palm prints are taken by the RCMP in Ottawa.
November 20-21
Dr. Diab’s bail hearing is conducted at the Superior Court of Justice. Judgment is reserved.
November 21
RCMP learns that the palm prints taken from Dr. Diab did not match one found inside a vehicle associated with the bombing.
December 3
Dr. Diab is denied bail.
December
Dr. Diab retains Donald Bayne as counsel.
December 12, 2008
The IAG receives the full French request for extradition. It includes the handwriting reports of Ms. Barbe-Prot and Ms. Marganne.

2009

January 15
The Authority to Proceed is issued on behalf of the Minister of Justice.
February and March
The Record of the Case (ROC), including the handwriting reports, is translated into English.
February 24
Dr. Diab’s application to set aside the detention order is granted by the Ontario Court of Appeal. A new bail hearing is ordered.
March 31
After a hearing before Justice Maranger of the Superior Court of Justice, Dr. Diab is released on restrictive bail conditions. He remains on bail until his surrender in November 2014.
April 9
Counsel for Dr. Diab tells the Court that he intends to seek to tender evidence in relation to the French handwriting experts’ reports.
May 27-28
Counsel for the Attorney General wants to set earliest possible dates for extradition hearing. Counsel for Dr. Diab requests time to investigate and attempt to adduce defence evidence challenging the reliability of the handwriting analysis and the use of intelligence information in the ROC.
June 2
Justice Maranger grants Dr. Diab’s request. Counsel for Dr. Diab is to provide a summary of proposed evidence by October 2009 and extradition hearing is set to be heard in January 2010.
June 26
The Ontario Court of Appeal dismisses the bail review application of the Attorney General of Canada.
October 15-22

Counsel for Dr. Diab gives counsel for the Attorney General the defence expert reports challenging the reliability of the French handwriting analysis.

The defence experts concluded that the two French experts had mistakenly relied, in part, on some handwriting samples that belonged to Dr. Diab’s former spouse.

The defence expert reports are forwarded to the French authorities including Judge Trévidic. IAG counsel asked French authorities to consider obtaining a new handwriting report that did not rely on the documents alleged to be penned by Dr. Diab’s former spouse.

October 12

France sends an MLAT request to obtain Dr. Diab’s distal fingerprints (the prints left by the ends of the fingers).

France had, earlier in 2009, discovered an arrest record signed by the fictious Panadriyu days before the bombing. Fingerprints were discovered on it. France thought there could be a match to Dr. Diab.

November 20
A warrant to take Dr. Diab’s distal fingerprints is signed.
November 21
IAG counsel writes to France providing an update on proceedings. Counsel suggests that France consider obtaining a fresh handwriting analysis. Counsel also requests that France send copies of the fingerprints detected on the arrest record to Canada.
November 23
RCMP Cpl. Maryse Laurin takes Dr. Diab’s distal fingerprints.
November 30, December 1-3, 10
Hearing to determine the admissibility of the proposed defence evidence is argued before Justice Maranger.
December 11
Justice Maranger rules that Dr. Diab can call defence handwriting experts and one expert on the issue of the use of intelligence information as evidence. French authorities are informed of the ruling.
December 15
Counsel for the Attorney General learns that Judge Trévidic has decided to have new handwriting report prepared.
December 18, 2009
Counsel for the Attorney General brings an adjournment application to allow France to consider whether and what evidence they might wish to submit in a Supplemental ROC. Adjournment application is granted over the objection of counsel for Dr. Diab. Matter adjourned to February 8, 2010 for an update and to potentially set new dates for the extradition hearing.

2010

January

Counsel for the Attorney General learns that a comparison of Dr. Diab’s distal fingerprints to those detected on the Panadriyu arrest record has not resulted in any matches. Four of the prints conclusively excluded Dr. Diab. Two were inconclusive.

Counsel for the Attorney General decides they will not rely on this evidence at the extradition hearing. The results are not disclosed to Dr. Diab’s counsel until June 10, 2011 (after committal but before surrender).

February 8

Appearance before Justice Maranger to provide update and discuss scheduling. Counsel for the Attorney General informs the Court he is not able to say whether or not new evidence would be called.

Three-week period in June set aside for extradition hearing. Matter adjourned to March 29, 2010 for update.

March 2010
Ms. Bisotti is given access to original handwriting samples of Dr. Diab necessary to complete her analysis.
March 29
Appearance before Justice Maranger to provide update. Counsel for the Attorney General informs the Court he can not describe the nature of the new evidence, if any, France might adduce.
May 7
Counsel for the Attorney General receives copy of Bisotti Report.
May 10
Counsel for the Attorney General advices Justice Maranger and counsel for Dr. Diab of the Bisotti Report in an in-chambers meeting.
May 17
Counsel for the Attorney General formally files the Bisotti Report and withdraws the two earlier handwriting reports. All parties agree June dates must be cancelled and new dates set for the extradition hearing.
August 31
Hearing of Dr. Diab’s application to exclude the Bisotti handwriting report, based on alleged abuse of process.
September 1
Justice Manager dismisses Dr. Diab’s application to exclude the Bisotti Report on abuse of process grounds.
October 2010
Counsel for Dr. Diab files a factum in support of Dr. Diab’s application for a stay of the extradition proceedings, based on alleged abuse of process.
November 8 to November 23
Justice Maranger hears arguments on Dr. Diab’s application for a stay of the extradition proceedings and defers his ruling on this issue to the end of the extradition proceedings.
November 24 to December 3
Justice Maranger hears arguments on the admissibility of evidence from three defence handwriting experts challenging the reliability of the Bisotti Report. Justice Maranger rules that the defence evidence is admissible.

2011

December 13, 2010 to January 7, 2011
The defence handwriting experts testify.
February 9-11
Arguments made on whether the Bisotti Report should be excluded as “manifestly unreliable.”
February 18
Justice Maranger dismisses the application by Dr. Diab to have the Bisotti Report excluded on the basis that it is manifestly unreliable.
February 24
Dr. Diab files an application pursuant to s. 24(2) of the Charter, seeking to have the Bisotti report excluded from the ROC.
February 28
Arguments made on the Charter application.
March 1
The Charter application is dismissed.
March 7 and 9
Final arguments on the issue of committal made. Justice Maranger reserves his decision.
May 20
Counsel for Dr. Diab applies to reopen the extradition proceedings to tender new evidence.
May 26
The application to reopen the extradition proceedings is dismissed.
June 6
Dr. Diab is committed for extradition by the extradition judge.
June 6
Dr. Diab files a Notice of Appeal with the Ontario Court of Appeal appealing Justice Manager’s committal decision.
June 9
The Ontario Court of Appeal hears Dr. Diab’s application for bail pending appeal. Bail is granted.
June 10
Comparison analysis of the fingerprints on the Panadriyu arrest record disclosed to Dr. Diab’s counsel as part of MLAT proceedings.
August 24 to January 26, 2012
Counsel for Dr. Diab makes submissions to the Minister of Justice asking that Dr. Diab’s surrender to France be refused.

2012

March 11
IAG counsel provides legal memorandum to the Minister of Justice on the issue of surrender.
April 4
Minister of Justice orders surrender of Dr. Diab to France.
May 7
Dr. Diab files an application for judicial review of the Minister’s surrender decision at the Ontario Court of Appeal.

2013

November 4-5
The Ontario Court of Appeal hears Dr. Diab’s appeal from committal and the application for judicial review of the surrender decision.

2014

May 15
The Ontario Court of Appeal dismisses Dr. Diab’s appeal and application for judicial review.
May 15
Dr. Diab files application seeking leave to appeal to the Supreme Court of Canada. The Court of Appeal extended Dr. Diab’s bail pending the outcome of his leave application to the Supreme Court of Canada.
November 13
The Supreme Court of Canada denies Dr. Diab’s application for leave to appeal from the decision of the Court of Appeal.
November 14
Dr. Diab is surrendered to France.

Proceedings in France

November 2014
Dr. Diab is detained in jail in France after being denied bail.
January 2016
Dr. Diab apparently speaks to the investigating judge, Jean- Marc Herbaut, over three days and says he was in Lebanon at the time of the bombing.
May 14, 2016
Dr. Diab is released on bail, with electronic monitoring. The release order was made by the investigating judge. The prosecutors successfully appealed the release decision and, after 10 days on bail, Dr. Diab is returned to a French prison.
October 27, 2016
Dr. Diab is again ordered released but the release decision is overturned. In his release decision, the investigating judge apparently stated there was “consistent evidence” suggesting Dr. Diab was in Lebanon at the time of the 1980 bombing.
2017
Additional release orders are made by the investigating judge and subsequently overturned. Dr. Diab remains in custody.
July 28, 2017
The investigating judge issues a notice that he had completed his investigations.
Fall 2017
The prosecutors in France and Dr. Diab’s counsel in France make submissions to the investigating judge.

2018

January 12

Dr. Diab is discharged by the French investigating judge and released from French custody.

Prosecutors in France appeal the decision to discharge Dr. Diab and the decision to release him from custody. That appeal remains outstanding.

January 15
Dr. Diab returns to Canada.
January 31
Department of Justice is tasked with preparing a “Lessons Learned” report in relation to the extradition of Dr. Diab.
May
Minister of Justice asks the Department of Justice to set up an external review of the extradition of Dr. Diab.
October 26
Ottawa Citizen reports that the appeal judges in France ordered an expert review of the handwriting evidence. The articles suggested a ruling would be forthcoming from the appeal judges by the summer of 2019.