Court of Appeal for Ontario

CITATION: Australia v. Rogation, 2020 ONCA 72

DATE: 20200130

DOCKET: C65535 & C65986

Doherty, Watt and Hourigan JJ.A.

BETWEEN

The Minister of Justice and The Attorney General of Canada on Behalf of Australia

Respondents

and

Lloyd Rogation

Appellant

Counsel:

John Collins, for the appellant

Roy Lee, for the respondent Attorney General of Canada

Heard: January 28, 2020

On judicial review of the decision of the Hon. Jody Wilson-Raybould, ordering the appellant’s unconditional surrender, dated December 21, 2017.

APPEAL BOOK ENDORSEMENT

[1] The appellant does not pursue the appeal from the committal order. That appeal is dismissed.

[2] The Minister considered the four-year delay between the arrest of the appellant’s co-conspirators and the request for extradition. She concluded that the delay did not rise to the level of an abuse, rendering surrender offensive to notions of fair play. She concluded that the delay was explained by the various factors identified by the requesting state.

[3] In his submissions, counsel declares the steps identified by the requesting state as perfunctory and automatic. He argues none offer any explanation for the delay.

[4] There is nothing in the record to support counsel’s characterization. Certainly, it would not apply were those same steps taken by Canada as the requesting state. The Minister is entitled to accept the representations made by the requesting state, particularly as they relate to the processes engaged by the requesting state.

[5] The Minister’s decision is reviewed on a reasonableness standard. Nothing in this record provides a basis for a finding that her decision to order the appellant’s surrender was unreasonable.

[6] The application for judicial review is dismissed.