Court of Appeal for Ontario
Rosenberg, Sharpe and Simmons JJ.A.
BETWEEN
The Minister of Justice
Respondent
and
Paul Graham Fry
Applicant
Counsel:
Gordon D. Cudmore, for the applicant
Richard A. Kramer, for the respondent
Heard and endorsed: June 29, 2012
On application for judicial review from the decision of the Honourable Rob Nicholson, Minister of Justice and Attorney General of Canada, concerning an application brought pursuant to s. 58 of the Extradition Act, S.C. 1999, c. 18, dated October 6, 2011.
APPEAL BOOK ENDORSEMENT
1The applicant does not pursue his grounds of appeal concerning cruel and unusual punishment and jurisdiction in Louisiana.
2The standard of review of the Minister’s decision under s. 6(1) of the Charter is reasonableness. In our view, the decision is reasonable.
3The Minister could reasonably find that the Cotroni factors favour surrender. We note that the allegation is conspiracy in Louisiana. Most of the witnesses are in the United States. The servers were in the United States.
4In fact, when looking at the Cotroni factors set out in para 14 of the applicant’s factum, most favour surrender.
5Accordingly, the application is dismissed.