Overseas Decisions Bulletin



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Held (4:3): Appeal dismissed.

Extradition
MM v Minister for Justice Canada on behalf of the United States of America

Supreme Court of Canada: 2015 SCC 62.
Judgment delivered: 11 December 2015.
Coram: McLachlin CJ, Abella, Cromwell, Moldaver, Karakatsanis, Wagner and Cote.
Catchwords:
Extradition — Committal hearings — Evidence — Role of extradition judge — Test for committal — Principle of double criminality — Mother of three children facing child abduction charges in U.S. — Whether extradition judge applied correct principles in relation to double criminality and to own role in assessing reliability and sufficiency of evidence — Whether extradition judge should consider evidence about possible defences and other exculpating circumstances in deciding whether to commit for extradition — Whether evidence justified mother’s committal — Extradition Act, S.C. 1999, c. 18 , ss. 3(1) , 29(1) (a).
Extradition — Surrender order — Judicial review — Extradition Act providing that Minister of Justice shall refuse to order surrender if unjust or oppressive having regard to all relevant circumstances — Minister ordering mother’s surrender for extradition to U.S. to face child abduction charges — Whether Minister gave appropriate consideration to defence of necessity available under Canadian law but not available under law of requesting state — Whether Minister gave appropriate consideration to effect of extradition on best interests of children — Whether Minister’s decision to surrender was reasonable — Extradition Act, S.C. 1999, c. 18 , s. 44(1) (a).
Held (4:3): Appeal dismissed.





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