DATE: 20040108

DOCKET: C37837 & C37838

COURT OF APPEAL FOR ONTARIO

RE: UNITED STATES OF AMERICA and THE MINISTER OF JUSTICE FOR CANADA (Respondents) – and – LYNNE PATRICIA SCOTT a.k.a. LYNN PATRICIA SCHAEFER (Applicant) (Appellant)

BEFORE: LASKIN, MOLDAVER and GOUDGE JJ.A.

COUNSEL: Paul Slansky for the appellant D.D. Graham Reynolds and Chris DeSa for the respondents

HEARD: December 16, 2003

RELEASED ORALLY: December 16, 2003

On appeal from the committal order of Justice H. David P. Logan of the Superior Court of Justice dated March 6, 2001, and the surrender order of the Honourable Anne McLellan dated November 8, 2001.

E N D O R S E M E N T

[1] On her appeal from the order of the extradition judge committing her for surrender, the appellant raises only the constitutionality of the new Extradition Act. This issue was decided adversely to her by this court in United States of America v. Yang (2001), 157 C.C.C. (3d) 225. The appeal is therefore dismissed.

[1] On the application for judicial review, the applicant contends that the Minister erred in surrendering her because to do so would be unfair and oppressive. Linked to this contention, the applicant complains of the inadequacy of the Minister’s reasons.

[2] In our view, nothing in the record sustains the applicant’s bald assertions which she argues should have led the Minister to refuse surrender. To the extent any of the applicant’s allegations had any substance, the Minister gave brief, but appropriate reasons for rejecting them. In our view, the Minister’s reasons were adequate having regard to the nature of the complaints and the very limited material to support them.

[3] The application for judicial review is dismissed.

“John Laskin J.A.”

“M. Moldaver J.A.”

“S. T. Goudge J.A.”