In a pair of extradition appeals, the Court held that surrender of Canadian citizens to the United States on terrorism-related charges did not unjustifiably infringe mobility rights under s. 6(1) of the Canadian Charter of Rights and Freedoms.
The Court reaffirmed that extradition generally constitutes a marginal limitation on the right to remain in Canada and that ministerial balancing under the established multi-factor framework attracts substantial deference.
It rejected arguments that weak foreign jurisdiction or feasible domestic prosecution should be near-dispositive limits on surrender.
The Court also held that procedural fairness did not require the Minister to obtain and disclose prosecutorial assessments about whether to proceed domestically.
The surrender decisions were found reasonable on the record, and both appeals were dismissed.
