The appellant, a Canadian citizen, fled to Canada after being acquitted of a federal kidnapping charge in the United States.
She faced extradition to Ohio on a state charge of child stealing arising from the same incident.
She argued that extradition would violate her rights against double jeopardy under sections 7 and 11(h) of the Charter.
The Supreme Court of Canada held that it had jurisdiction to hear the appeal.
However, the Court dismissed the appeal, ruling that section 11(h) does not apply to extradition hearings because the Charter cannot govern foreign criminal proceedings.
While section 7 applies to the Canadian executive's decision to surrender a fugitive, the surrender in this case did not violate the principles of fundamental justice because the federal and state offences contained different elements.
