DATE: 20060623

DOCKET: C43823

COURT OF APPEAL FOR ONTARIO

RE:

THE UNITED STATES OF AMERICA and THE HONOURABLE IRWIN COTLER, MINISTER OF JUSTICE (Respondents) – and – ZAID TARIQ (Appellant)

BEFORE:

SHARPE and JURIANSZ JJ.A. and LANE J. (ad hoc)

COUNSEL:

Frank Miller

for the appellant

Fergus O’Donnell and Sarah Shaikh

for the respondent

HEARD & RELEASED ORALLY:

June 16, 2006

Application for review of the surrender order of the Minister of Justice Irwin Cotler dated June 23, 2005, 2005.

E N D O R S E M E N T

[1] In our view, the appellant has failed to demonstrate grounds for this court to review the Minister’s decision to surrender him without asking for a formal assurance that the death penalty will not be imposed.

[2] On the record, there is simply no basis upon which the death penalty could be imposed. The appellant is not charged with a capital offence. On the facts alleged against him, he could not be charged with a capital offence. The State of New Jersey has imposed a legislative moratorium on the death penalty. The Minister obtained written confirmation from the prosecutor that the appellant is not eligible for the death penalty.

[3] In these circumstances, we cannot say that the Minister’s refusal to insist upon a formal assurance from the receiving State violated the applicant’s Charter rights.

[4] Accordingly, the application is dismissed.

Robert J. Sharpe J.A.”

“R.G. Juriansz J.A.”

“D. Lane J. (ad hoc)”