What is the standard of review of a Minister’s decision to surrender a suspect?
British Columbia, Canada
The following excerpt is from U.S.A. v. Adam, 2014 BCCA 136 (CanLII):
As the Minister’s decision to surrender a person sought for extradition is an exercise of executive discretion and primarily political in nature, it is entitled to great deference. In Canada v. Schmidt, 1987 CanLII 48 (SCC), [1987] 1 S.C.R. 500 at 523, La Forest J. said this regarding the standard of review: Blind judicial deference to executive judgment cannot, of course, be expected. The courts have the duty to uphold the Constitution. Nonetheless, this is an area where the executive is likely to be far better informed than the courts, and where the courts must be extremely circumspect so as to avoid interfering unduly in decisions that involve the good faith and honour of this country in its relations with other states. In a word, judicial intervention must be limited to cases of real substance.
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