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The Court of Appeal upheld the Minister of Justice's decision to surrender the applicant for extradition to the United States.
The applicant sought judicial review of the Minister of Justice's order to surrender him for extradition to the United States on charges of child luring and child pornography production.
The applicant challenged the order on two grounds: whether the Minister failed to independently assess the Cotroni factors and whether the Minister sufficiently addressed the applicant's personal circumstances regarding his s. 7 Charter rights and s. 44(1) of the Extradition Act.
The Court of Appeal found no legal error in the Minister's application of the Cotroni factors, noting the Minister considered multiple factors beyond the Attorney General's opinion.
Regarding the s. 7 and s. 44(1) challenge, the court found the Minister's determination that the high threshold for "shocking the conscience" or "unjust or oppressive" was not met, was reasonable, despite acknowledging potential undue hardship from a longer sentence.
The application for judicial review was dismissed.
Bail pending extradition denied due to significant flight risk and tertiary ground concerns.
The applicant, facing extradition to the United States on charges of human smuggling, applied for release on bail.
The United States alleged the applicant led a scheme to smuggle Indian nationals into the US from Canada.
The court found that the applicant failed to justify his release on the primary ground, as he posed a significant flight risk given his tenuous immigration status in Canada, lack of assets, and the strong case against him.
The court also found detention was necessary on the tertiary ground to maintain confidence in the administration of justice.
The bail application was dismissed.
