Focus On

EXTRADITION AND CRIMINAL MUTUAL LEGAL ASSISTANCE

Wednesday, August 11, 2021 @ 5:48 AM  


Lexis Advance® Quicklaw®
Application by Grenada for judicial review of an order of surrender made in 2003 and amended in 2020. By the initial order of surrender in 2003, the applicant was ordered to be surrendered to the United States to stand trial for armed bank robbery. The surrender was to take place upon the applicant either being granted parole or otherwise being released from custody. At the time, the applicant was serving a life sentence in Canada for second degree murder. The applicant admitted he committed the 1992 bank robbery in the United States. He requested his discharge or to be temporarily surrendered to the United States for the purpose of pleading guilty and receive his sentence, which he wished to serve in Canada. In 2020, the Minister of Justice decided that the applicant’s surrender was to prevail over the completion of his life sentence. The surrender order was amended to allow for the applicant’s immediate surrender. The applicant was previously unsuccessful in his judicial review application of the initial 2003 surrender order.

HELD: Application allowed in part. The application was limited to the Minister of Justice’s reconsideration decision, which gave rise to the amendment of the 2003 surrender order. The Minister’s conclusion that the applicant’s surrender would not shock the Canadian conscience and would not be unjust, oppressive or contrary to s. 7 of the Canadian Charter of Rights and Freedoms (Charter) was reasonable. Section 11(b) of the Charter did not apply to criminal charges tried outside of Canada. The Minister erred in law in finding he did not have the authority to make a temporary surrender order. The applicant’s request for temporary surrender was referred to the Minister for reconsideration.

Grenada v. Canada (Minister of Justice), [2021] B.C.J. No. 1517, British Columbia Court of Appeal, M.E. Saunders, D.F. Tysoe and R. Goepel JJ.A., July 13, 2021. Digest No. TLD-August92021005