The appellant, a Convention refugee in Canada, was sought for extradition by Romania to serve a prison sentence for forging visas.
The Minister of Justice ordered his surrender, applying a test that required the appellant to prove he would face persecution that shocks the conscience.
The Supreme Court of Canada allowed the appeal, applying its concurrent decision in Németh v. Canada (Justice).
The Court held that the Minister applied the wrong legal principles because the appellant's refugee status had not been revoked, and the Minister should have considered section 44(1)(b) of the Extradition Act rather than requiring the appellant to prove persecution under section 44(1)(a).
The matter was remitted to the Minister for reconsideration.
