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EXTRADITION AND CRIMINAL MUTUAL LEGAL ASSISTANCE - Bars to extradition - Abuse of process

Friday, January 24, 2020 @ 6:20 AM  


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Application by Levy, a Canadian citizen, for judicial review of the decision of the Minister of Justice ordering that the applicant be surrendered to the US to stand trial on criminal charges for drug-related offences. The applicant argued the Minister should refuse to extradite on the basis that it could be unjust and oppressive, having regard to the applicant’s health and personal circumstances. The applicant suffered from schizophrenia, epilepsy and prostate cancer. He experienced several complications following surgery for his prostate cancer. He was the caregiver for his two adult sons, both of whom also suffered from schizophrenia. The Minister found that the applicant’s conditions could be treated, managed and eventually stabilized in custody in the US.

HELD: Application dismissed. The Minister applied the correct legal tests in determining whether to extradite the applicant. The decision reasonably applied the appropriate test of whether surrender would be unjust or oppressive. The Minister properly adverted to the overall effect on the applicant of surrender and trial in the US. She engaged in the balancing exercise required of her under the Extradition Act. She acknowledged the evidence that the applicant would suffer harm to his physical and mental health upon his extradition. She also considered the care available to him in the US before, during, and following his trial. The Minister was entitled to rely on the information she received from the US about the care available before and during trial, and in the prison system. She was not required to obtain evidence from individual healthcare professionals. Her conclusions about the care available to the applicant in the US were not speculative but were based on the evidence that she requested and obtained from the relevant authorities.

United States of America v. Levy, [2019] O.J. No. 5964, Ontario Court of Appeal, G.R. Strathy C.J.O., D.H. Doherty and M.H. Tulloch JJ.A., November 21, 2019. Digest No. TLD-January202020011