Court of Appeal for Ontario
BEFORE: Goudge, Gillese and Ducharme JJ.A.
IN THE MATTER OF an application for judicial review pursuant to s. 57 of the Extradition Act, S.C. 1999, c. 18
BETWEEN
The Attorney General of Canada on behalf of the United States of America
Respondent
and
Miroslaw Zawierucha
Applicant
COUNSEL:
Vanessa Christie, for the applicant
Moiz Rahman, for the respondent
HEARD: May 22, 2012
On application for judicial review of the order of surrender of the Minister of Justice and Attorney General of Canada dated December 14, 2010.
APPEAL BOOK ENDORSEMENT
1The applicant submits that the Minister exceeded his jurisdiction and denied him natural justice by ordering his surrender without the benefit of his having made written submissions to the Minister.
2We do not accept this submission.
3The applicant was made aware of his right to make submissions to the Minister during the extradition hearing. There is nothing in the record to suggest that he was unaware of his right to make submissions. Further, there is no evidence that the applicant attempted to make a late submission to the Minister. Nor is there any evidence that the applicant asked the Minister to reconsider his decision in light of the fact that he did not make submissions.
4In the circumstances, we see no basis on which to hold that the applicant was denied natural justice by the Minister.
5The application is dismissed.