Re Burley

Re Burley (1865), 1 U.C.L.J. 34, was a decision on extradition by the Court of Common Pleas of Upper Canada. Though made two years before Confederation, the case has been cited by the Supreme Court of Canada in mobility rights and extradition cases over a century later.

Decision

The decision was made by Sir William Buell Richards, who would later go on to become the first Chief Justice of the Supreme Court after it was established in 1875. Richards was faced with a case in which a British subject was going to be extradited to the United States, and the subject claimed that by virtue of his nationality he had a right to stay in Canada. Richards upheld the extradition as a matter of treaty law, and noted Canadian statutes seemed to recognize such extradition as legal. He wrote,

Aftermath

Even after Confederation, the creation of Canadian citizenship, and the adoption of the Canadian Charter of Rights and Freedoms, which recognized freedom of movement in section 6, the case has been cited by the Supreme Court. In Canada v. Schmidt (1987), the case was cited to state that Canada should trust the nations it extradites people to carry out trials. In United States of America v. Cotroni (1989), the Court upheld an extradition as a justified limit on section 6. The Court wrote that the limit was partially reinforced by the fact that extradition had been allowed for "well over one hundred years," and thus "extradition has been part of the fabric of our law." Re Burley was cited to make the point that since criminals can easily escape from the US to Canada, it had been "imperative that little leniency be accorded citizens in this regard."

Burley

Burley may refer to:

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Burley (tobacco)

Burley tobacco is a light air-cured tobacco used primarily for cigarette production. In the United States it is produced in an eight-state belt with approximately 70% produced in Kentucky. Tennessee produces approximately 20%, with smaller amounts produced in Indiana, North Carolina, Missouri, Ohio, Virginia, Maryland, Pennsylvania and West Virginia. Burley tobacco is produced in many other countries, with major production in Brazil, Malawi and Argentina.

History

The origin of White Burley tobacco was credited to George Webb and Joseph Fore in 1864, who grew it on the farm of Captain Frederick Kautz near Higginsport, Ohio, from seed from Bracken County, Kentucky. He noticed it yielded a different type of light leaf shaded from white to yellow, and cured differently. By 1866, he harvested 20,000 pounds of Burley tobacco and sold it in 1867 at the St. Louis Fair for $58 per hundred pounds. By 1883, the principal market for this tobacco was Cincinnati, but it was grown throughout central Kentucky and Middle Tennessee. In 1880 Kentucky produced 36 percent of the total national tobacco production, and was first in the country, with nearly twice as much tobacco produced as by Virginia, then the second-place state. Later the type became referred to as burley tobacco, which is air-cured.

Burley (surname)

Burley is a surname. Notable people with the surname include: