Extradition violates the s. 6(1) Charter right of Canadian citizens to remain in Canada. Extradition must be demonstrably justified as a reasonable limit to this right, pursuant to s. 1 of the Charter. The Minister’s assessment of whether extradition is more appropriate than domestic prosecution requires independent consideration of a number of factors which were set out in a non‑exhaustive list in United States of America v. Cotroni; United States of America v. El Zein, 1989 CanLII 106 (SCC), [1989] 1 S.C.R. 1469. The “Cotroni factors”, as they have become known, include analysis of: which jurisdiction has a greater link with the crime or a greater ability to prosecute; the nationality and residence of the accused; and the severity of the sentence the accused is likely to receive in each jurisdiction.
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