What is the test for determining whether a Minister made an unreasonable or unjust decision in making a decision not to seek assurances that the likely penalty would not make the surrender unjust or oppressive?
British Columbia, Canada
The following excerpt is from U.S.A. v. Ranga, 2012 BCCA 82 (CanLII):
The issue is whether the Minister arrived at an unreasonable decision in concluding that the likely penalty would not make the surrender unjust or oppressive, or in failing to seek assurances. It is clear from the jurisprudence that, recognizing the competing considerations on the part of the Minister and his superior expertise with regard to many of those considerations, it is only in exceptional cases of real substance that this court may interfere with the Minister’s decision: Lake v. Canada (Minister of Justice), 2008 SCC 23, [2008] 1 S.C.R. 761 at para. 34.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review for a Minister's decision whether surrender would be unjust or oppressive? (British Columbia, Canada)
In considering whether to issue a certificate of proof of religious freedom, can the Minister of Health and Social Development make a decision based on human rights considerations? (British Columbia, Canada)
Does s. 215.5(7) of the BCSC prohibit the Superintendent of Motor Vehicles from extending the decision date of a decision until after the date of the decision has been determined? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What is the difference between an unreasonable decision and a patently unreasonable decision? (British Columbia, Canada)
What is the test for determining whether a plaintiff has unreasonably failed to take steps that would have reduced her damages? (British Columbia, Canada)
What are the relevant factors for determining whether either of two possible jurisdictions would be suitable for the determination of issues raised by the litigation at issue? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
What is the test for determining whether a reasonable person would expect icy conditions would have been present? (British Columbia, Canada)
What is the test for determining whether a decision is patently unreasonable? (British Columbia, Canada)
