Court of Appeal for Ontario

Citation: Italy v. Andriano, 2011 ONCA 44

Date: 20110119

Docket: C52481

Before: MacPherson, Sharpe and Juriansz JJ.A.

Between

The Attorney General of Canada on behalf of the Republic of Italy

Respondent

and

Albano Andriano

Applicant

Counsel:

Alan D. Gold, for the applicant

Nancy Dennison, for the respondent

Heard & released orally: January 14, 2011

Application for judicial review of the decision of the Minister of Justice to surrender the applicant for extradition.

ENDORSEMENT

[1] We are not satisfied that the European Court of Human Rights has given the equivalent of "leave to appeal" or that there is any reasonable prospect that there will a decision of that court within 60 days. Accordingly, the appellant's request for a 60-day adjournment is dismissed.

[2] With respect to the merits, we dismiss the application for judicial review. The issue of whether Italy showed disrespect for the Canadian extradition process by proceeding against the applicant in absentia after making a formal extradition request fell squarely within the discretion of the Minister. The Minister did consider and reject that contention and we are not persuaded that he made any error or omission that would justify this court's intervention.

[3] Nor do we accept the submission that the Minister erred by failing to consider adequately or to adjourn the proceedings on the ground that the applicant had filed proceedings in the European Court of Human Rights or to seek assurances regarding the consequences to the applicant of the potential outcome of that decision.

[4] Accordingly, the application for judicial review is dismissed.

"J.C. MacPherson J.A."

"Robert J. Sharpe J.A."

"R.G. Juriansz J.A."