Sandra Kimberg

The applicants, awaiting extradition hearings, challenged the constitutionality of sections 2(2) and 3(2) of the Department of Justice Act as applied to the Extradition Act.

They argued that vesting the distinct roles of Minister of Justice and Attorney General in a single elected individual violates section 7 of the Charter by creating an apprehension of bias.

The court dismissed the applications, finding that it was bound by the Supreme Court of Canada's decision in Idziak, which held that the distinct phases of the extradition process permit the Minister to perform both roles without violating the principles of fundamental justice.

The accused was charged with sexual assault.

The complainant alleged sexual assault by the accused and a co-accused in a parking lot, supported by the co-accused's testimony, video surveillance, and taxi drivers' accounts.

The accused denied the assault, claiming he only assisted the co-accused.

The court found the accused guilty beyond a reasonable doubt, rejecting his denial and accepting the complainant's and co-accused's evidence, corroborated by video and other circumstantial evidence.