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Extradition surrender upheld; fairness concerns were properly left to the foreign trial court.
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.
