Is a Minister's decision to order the surrender of a person subject to review?
British Columbia, Canada
The following excerpt is from Sheck v. Canada (Minister of Justice), 2019 BCCA 364 (CanLII):
The Minister’s decision to order the surrender of a person falls “at the extreme legislative end of the continuum of administrative decision‑making” and is seen as “largely political in nature”: Lake, at para. 22, quoting Idziak v. Canada (Minister of Justice), 1992 CanLII 51 (SCC), [1992] 3 S.C.R. 631, at p. 659; [Sriskandarajah v. United States of America, 2012 SCC 70] at para. 11. Given the Minister’s superior expertise in Canada’s international relations and foreign affairs, he or she is in the best position to determine whether the factors weigh in favour of or against extradition: Lake, at para. 41. The Minister’s decision to order surrender is therefore subject to review on a standard of reasonableness.
"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
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
What is the standard of review of a Minister's decision to order a fugitive surrendered for extradition? (British Columbia, Canada)
Does the fact that the September 2018 Order provides for a review of child support is not necessarily decisive of the nature of the order? (British Columbia, Canada)
Does a judicial review decision by a chambers judge who failed to take the necessary steps to review a decision by the chambers judge? (British Columbia, Canada)
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
What is the standard of review for a Minister's decision whether surrender would be unjust or oppressive? (British Columbia, Canada)
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)
What is the standard of review applied to a Minister's surrender decision? (British Columbia, Canada)
What is the standard of review of a Minister’s decision to surrender a suspect? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
