Does the Minister of Justice owe a duty of fairness to the applicant at the surrender phase of the extradition process?
Ontario, Canada
The following excerpt is from Canada (Minister of Justice and Attorney General) v. Kavaratzis, 2006 CanLII 13237 (ON CA):
The Minister owed a duty of fairness to the applicant at the surrender phase of the extradition process. The contours of that duty are shaped by the function being performed by the Minister. As my colleague, Laskin J.A., observed in United States of America v. Whitely, supra, at 113: The Minister’s surrender decision is political in nature, not judicial. It lies at the legislative end of the spectrum of administrative decision-making.
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