DATE: 20061109

DOCKET: C45149

COURT OF APPEAL FOR ONTARIO

RE:

THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA (Extradition Partner/Respondent) – and – WAI LEUNG CHAN (Person Sought/Applicant/Appellant)

BEFORE:

MCMURTRY C.J.O., DOHERTY and MACPHERSON JJ.A.

COUNSEL:

Nick Devlin

for the respondent

Vincenzo Rondinelli

for the appellant

HEARD & ENDORSED:

November 8, 2006

On judicial review pursuant to s. 57 of the Extradition Act of the order of surrender by the Minister of Justice of Canada dated March 3, 2006.

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

[1] The appellant challenged the surrender order of the Minister on the basis that he did not give sufficient weight to the appellant’s rehabilitation and to the effect of his extradition on his 15‑year old daughter, for whom he is the sole parent in Canada.

[2] We disagree. The Minister considered these factors in the context of other relevant factors and determined that the extradition was still warranted. We can see no error of law in his analysis; nor is his conclusion an unreasonable one given the important goals of an international extradition regime.