The applicant, a Canadian citizen, was ordered surrendered for extradition to the United States.
After his appeals were exhausted, he requested the Minister of Justice amend the surrender order to require assurances that he would receive enhanced credit for his five years of pre-trial custody in Canada.
The Minister refused.
The applicant sought judicial review of this refusal.
The Court of Appeal held it had jurisdiction to review the Minister's refusal to amend the order.
However, the court dismissed the application on the merits, finding that because Canadian law does not guarantee enhanced credit for pre-trial custody, the absence of such a guarantee in the United States does not violate section 7 of the Charter.
