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SCC clarifies judicial review of diplomatic assurances in extradition cases

Friday, September 08, 2017 @ 12:13 PM | By Cristin Schmitz

In an important extradition ruling, the Supreme Court has unanimously upheld Ottawa’s decision to surrender two Canadians to India to face charges that the pair arranged the murder 17 years ago of a family member in Punjab who had married against their wishes.

Justice Michael MoldaverJustice Michael Moldaver’s 9-0 decision clarifies the evidentiary and legal standards that apply to judicial review of Ottawa’s decisions to surrender Canadians to foreign states for criminal prosecution: India v. Badesha 2017 SCC 44.

In particular, the court clarifies how to...