The respondents, two Canadian citizens who were 18 at the time of the offences, were wanted in the State of Washington for three counts of aggravated first degree murder.
The Minister of Justice ordered their extradition without seeking assurances that the death penalty would not be imposed.
The respondents challenged the constitutionality of this decision.
The Supreme Court of Canada held that while sections 6(1) and 12 of the Charter were not directly violated, extraditing the respondents to face the death penalty without assurances violated their rights under section 7 of the Charter.
The Court found that the principles of fundamental justice, informed by Canada's abolition of the death penalty, international trends, and concerns over wrongful convictions, require the Minister to seek assurances in all but exceptional cases.
The violation could not be justified under section 1.
The Minister's appeal was dismissed.
