Patrick Cozannet

The appeal concerned judicial review of a surrender order under extradition legislation in relation to historic U.S. murder charges revived after modern DNA testing.

The appellant argued delay, evidentiary weakness, and prejudice rendered surrender contrary to fundamental justice and unjust or oppressive.

The Court held the Minister reasonably concluded those concerns should generally be addressed by the foreign trial court, consistent with comity and established extradition principles.

The Court found no reviewable error in the assessment of section 7 Charter concerns or section 44(1) of the Extradition Act.

The surrender order was upheld and the appeal dismissed.

The accused was acquitted at trial after his statements were ruled inadmissible.

The Crown appealed, and the Quebec Court of Appeal allowed the appeal and ordered a new trial.

The accused appealed to the Supreme Court of Canada.

The Supreme Court dismissed the appeal, finding that the trial judge erred in law by confusing the evidentiary rule relating to the admissibility of free and voluntary statements with the test for exclusion under s. 24(2) of the Charter.

The order for a new trial was upheld.