DATE: 20040518

DOCKET: C40599

COURT OF APPEAL FOR ONTARIO

RE:

THE MINISTER OF JUSTICE FOR CANADA (Respondent) – and DANNY MAHONEY (Applicant)

BEFORE:

LASKIN, FELDMAN and BLAIR JJ.A.

COUNSEL:

Paul Slansky

for the appellant

Bradley Reitz

for the respondent

HEARD & ENDORSED:

May 14, 2004

On application for judicial review of the surrender order of the Honourable Martin Cauchon, Minister of Justice for Canada, dated March 18, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] The applicant’s main contention is that the Minister’s letter ordering surrender does not give adequate reasons for his decision. We acknowledge that the Minister’s reasons are perfunctory. However, in our view, they are adequate in this case.

[2] The Minister said that he considered the applicant’s s. 6 rights and his health concerns. We must assume that he did so and that he also took into account his counsel’s memorandum. That memorandum considers the Cotroni factors, the applicant’s health problems and Mr. Slansky’s submission that the two are related. The Cotroni factors point overwhelmingly to prosecution in the United States; and from the record the applicant’s health concerns taken alone or in conjunction with his s. 6 rights, do not justify refusing to surrender him.

[3] Accordingly, the application is dismissed.