Court File and Parties

United States of America v. Catano, 2007 ONCA 838

DATE: 20071204

DOCKET: C46128

COURT OF APPEAL FOR ONTARIO

BEFORE: DOHERTY, FELDMAN and ARMSTRONG JJ.A.

BETWEEN:

THE ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA Respondent

and

LUIS CATANO Applicant

Counsel: Sonya Shikhman for the applicant Heather Graham and Nancy Dennison for the respondent

Heard and released orally: November 16, 2007

Application for a judicial review of the Minister of Justice’s decision dated September 28, 2006, denying request for refusal to surrender.

ENDORSEMENT

[1] The appellant asks this court to find that the Minister’s decision to surrender the appellant would shock the conscience of Canadians. Crown counsel concedes that if it was clear that the appellant would not obtain adequate care for his serious eye condition in a Florida jail and he would therefore become blind, that would satisfy the test.

[2] Counsel submits that the Minister has fully considered the new evidence provided by the appellant. In the face of the U.S. authorities’ previous assurances, he did not consider the new evidence sufficient to demonstrate that the appellant’s eye condition cannot be properly managed and treated in Florida.

[3] From his letter of reconsideration, the Minister took into account all the new evidence presented by the appellant and, in his discretion, concluded that the answers he had originally received were sufficiently persuasive to overcome the concerns raised by the appellant. The Minister’s decision is entitled to considerable deference. Although Mr. Catano’s case is very sympathetic, we see no basis to set aside the decision of the Minister.

Signed: "Doherty J.A." "K. Feldman J.A." "Robert P. Armstrong J.A."