The Governor in Council referred questions to the Supreme Court of Canada regarding whether the Minister of Justice's decision to extradite a fugitive to the United States without seeking assurances that the death penalty would not be imposed violated sections 7 or 12 of the Charter.
The fugitive was facing multiple murder charges in California.
The Court held that the extradition without such assurances did not violate the Charter, answering both reference questions in the negative.