Karen G. Kernisant

This is a costs endorsement from the Court of Appeal for Ontario.

The appellant was ordered to pay the respondent fixed costs of $20,000, inclusive of HST and disbursements, with the provision that these costs could be considered support payments for Family Responsibility Office purposes.

The applicant sought judicial review of the Minister of Justice's decision to order his surrender to the United States of America pursuant to the Extradition Act.

The applicant, a Mohawk of Akwesasne with Aboriginal heritage, argued that the Minister failed to give proper consideration to Gladue principles and his Charter rights.

The Court of Appeal upheld the Minister's decision, finding that she had properly considered all relevant factors, including the applicant's Aboriginal background and Gladue principles, and that the applicant's circumstances were distinguishable from prior cases.

The court applied a reasonableness standard of review and found the Minister's decision fell within a range of acceptable outcomes.