The Court dismissed the appeal from both the committal order and the surrender order in an extradition case involving child-abduction charges sought by the United States.
The majority held the extradition judge exceeded her limited committal role by weighing defence and exculpatory evidence instead of applying the prima facie committal test and the presumption of reliability of the record of the case.
At surrender, the Minister reasonably considered both the possible defence issue and the children’s best interests and reasonably concluded surrender was not unjust or oppressive under the Extradition Act.
