What is the test for refusing to make a surrender order under section 44(1)(a) of the Criminal Code?
British Columbia, Canada
The following excerpt is from United States of America v. Smith, 2019 BCCA 186 (CanLII):
Section 44(1)(a) of the Act provides that the Minister must refuse to make a surrender order if he or she is satisfied that the surrender would be unjust or oppressive having regard to all the relevant circumstances. A surrender would be unjust or oppressive if it would shock the conscience of Canadians: see United States v. Burns, 2001 SCC 7 at para. 68. A surrender that is contrary to the principles of fundamental justice under s. 7 of the Canadian Charter of Rights and Freedoms will be considered to be unjust or oppressive: see Lake v. Canada (Minister of Justice), 2008 SCC 23 at para. 24.
"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 test for refusing to order surrender under section 44(1)(a) of the Criminal Code? (British Columbia, Canada)
Can a Minister refuse to make a surrender order under s. 44(1)(a) of the Criminal Code? (British Columbia, Canada)
Does section 25 of the Criminal Code provide a defence to both civil and criminal liability if the force was justified within the meaning of that section? (British Columbia, Canada)
Can a court order costs against a petitioner who is unsuccessful in his application for a review of a police officer's decision to prohibit him from driving for 24 hours pursuant to section 215(3) of the Criminal Code? (British Columbia, Canada)
What recourse does an appellant have to surrender to serve the sentence imposed for a criminal offence under the Criminal Code? (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)
What is the effect of the seizure of a property by the Crown under section 462.34(4) of the Criminal Code of Canada for an alleged criminal enterprise crime offence? (British Columbia, Canada)
Is section 24(1) of the Criminal Code of Canada a discretionary order? (British Columbia, Canada)
What is the effect of s. 52(1) of the Criminal Code of Canada's Criminal Code when a court issues a declaration of invalidity? (British Columbia, Canada)
What is the effect of section 29(1) of the Criminal Code Act, section 46 of the Civil Rights Act? (British Columbia, Canada)
