Court and Parties
COURT OF APPEAL FOR ONTARIO DATE: 20231017 DOCKET: COA-22-CR-0345
Before: Tulloch C.J.O., Sossin and Copeland JJ.A.
IN THE MATTER OF an application for judicial review pursuant to s. 57 of the Extradition Act, S.C. 1999, c. 18
BETWEEN:
The Attorney General of Canada on behalf of the United States of America Respondent
and
Wasseem Ramjaun a.k.a Wasseem Mahmood a.k.a. Wasseem Mahmoud Applicant
Counsel: Sam Goldstein, for the applicant Kandia Aird, for the respondent
Heard and released orally: October 12, 2023
On application for judicial review of the surrender order of the Minister of Justice, dated November 4, 2022.
Reasons for Decision
[1] We have reviewed the proposed fresh evidence on which the applicant bases his application for judicial review of the Minister of Justice’s surrender decision. In our view, it does not meet the test for admissibility from R. v. Palmer, [1980] 1 S.C.R. 759.
[2] The proposed fresh evidence provides an update on the applicant’s medical situation. However, it does not materially impact the Minister’s assessment that the applicant’s medical situation does not render his surrender unjust or oppressive. The Minister found that U.S. correctional authorities will ensure the applicant is given appropriate medical care for his specific health issues. The Minister reached this conclusion after making inquiries of U.S. authorities and receiving a detailed response about medical care for the applicant in the U.S. correctional system.
[3] In our view, the proposed fresh evidence fails the fourth branch of the Palmer test because it could not, when taken with the other evidence considered by the Minister, reasonably be expected to affect the result of the surrender analysis.
[4] Apart from the fresh evidence, the applicant makes no suggestion that the Minister’s surrender decision was unreasonable.
[5] The motion to adduce fresh evidence is dismissed, as is the application for judicial review of the Minister’s surrender decision.
“M. Tulloch C.J.O.” “L. Sossin J.A.” “J. Copeland J.A.”