The appellant, a person of Roma ethnicity who was granted 'protected person' status in Canada, appealed his committal for extradition to Hungary and sought judicial review of the Minister of Justice's decision to surrender him.
He argued that the extradition judge erred in refusing a stay for abuse of process, that the judge's comments created a reasonable apprehension of bias, and that the Minister of Justice erred in consulting the Minister of Citizenship and Immigration regarding his risk of persecution.
The Court of Appeal dismissed the appeal and the application for judicial review, finding no reasonable apprehension of bias and holding that the Minister of Justice properly assessed the risk of surrender under the Extradition Act framework, which differs from the immigration risk assessment.
