When will the Minister of Justice grant extradition to the United States?

When there is a claim that the person sought should have been prosecuted in Canada, it is for the Minister to decide whether granting the foreign state's request of extradition is appropriate. The ability of Canada to prosecute the offences remains but one factor in this inquiry, and may be offset by other factors, such as where the prosecution may most efficaciously be carried out. Extradition is not to be avoided at all costs: see Sriskandarajah v. United States of America, 2012 SCC 70, [2012] 3 S.C.R. 609 at para. 23.

Extradition cases, by their very nature, often involve trans-border crimes which may result in overlapping domestic and foreign prosecutorial jurisdiction. The claim of perpetual prosecution is closely tied to the submission that Canadian authorities should have prosecuted the applicant for all conduct in Canada. This argument is similar to the double jeopardy argument that was unsuccessfully advanced in United States of America v. Qumsyeh, 2015 ONCA 551, 126 O.R. (3d) 641, leave to appeal refused, [2015] S.C.C.A. No. 370.