COURT OF APPEAL FOR ONTARIO
RE:
THE UNITED STATES OF AMERICA and THE HONOURABLE IRWIN COTLER, MINISTER OF JUSTICE (Respondents) – and – ZAID TARIQ (Appellant)
BEFORE:
SHARPE and JURIANSZ JJ.A. and LANE J. (ad hoc)
COUNSEL:
Frank Miller
for the appellant
Fergus O’Donnell and Sarah Shaikh
for the respondent
HEARD & RELEASED ORALLY:
June 16, 2006
Application for review of the surrender order of the Minister of Justice Irwin Cotler dated June 23, 2005, 2005.
E N D O R S E M E N T
1In our view, the appellant has failed to demonstrate grounds for this court to review the Minister’s decision to surrender him without asking for a formal assurance that the death penalty will not be imposed.
2On the record, there is simply no basis upon which the death penalty could be imposed. The appellant is not charged with a capital offence. On the facts alleged against him, he could not be charged with a capital offence. The State of New Jersey has imposed a legislative moratorium on the death penalty. The Minister obtained written confirmation from the prosecutor that the appellant is not eligible for the death penalty.
3In these circumstances, we cannot say that the Minister’s refusal to insist upon a formal assurance from the receiving State violated the applicant’s Charter rights.
4Accordingly, the application is dismissed.
Robert J. Sharpe J.A.”
“R.G. Juriansz J.A.”
“D. Lane J. (ad hoc)”