Court File and Parties

CITATION: R. v. Tavares, 2008 ONCA 65

DATE: 2008-01-30

DOCKET: C47262

COURT OF APPEAL FOR ONTARIO

BEFORE: LASKIN, ROSENBERG and LAFORME JJ.A.

BETWEEN:

THE ATTORNEY GENERAL OF CANADA on behalf of THE UNITED STATES OF AMERICA

Respondent

and

ANTONIO TAVARES

Applicant

COUNSEL: Michèle Khitab for the applicant Tomas C. Lemon for the respondent

Heard and endorsed: January 29, 2008

APPEAL BOOK ENDORSEMENT

[1] The Minister found that the applicant’s personal circumstances would not render extradition unjust or oppressive under s. 44(1)(a) of the Act or shock the conscience under s. 7 of the Charter. The Minister fully considered the relevant circumstances and applied the correct test. His decision attracts a high degree of deference and we are not persuaded that he made any reversible error. In particular, the fact that the applicant’s elderly parents may have to make other arrangements for their care does not make the extradition unjust or oppressive or shock the conscience.

[2] Accordingly, the application is dismissed.