What is the standard of review for a Minister's surrender decision?
Ontario, Canada
The following excerpt is from United States v. Hillis, 2021 ONCA 447 (CanLII):
The appropriate standard of review for the Minister’s surrender decision is reasonableness. This is so regardless of whether the person sought contends that the extradition would infringe their rights under the Charter: Lake v. Canada (Minister of Justice), 2008 SCC 23, [2008] 1 S.C.R. 761, at paras. 34, 41.
The Minister’s surrender decision resides at the extreme legislative end of the continuum of administrative decision making. It is a decision that is largely political in nature. The Minister has superior expertise in international relations and foreign affairs. Thus, the Minister is in the best position to determine whether the factors, taken as a whole, tilt the balance for or against extradition: India v. Badesha, 2017 SCC 44, [2017] 2 S.C.R. 127, at para. 39.
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