What is the standard of review applied to a Minister's surrender decision?

British Columbia, Canada


The following excerpt is from United States of America v. Gillingham, 2004 BCCA 226 (CanLII):

In reaching this conclusion, however, I would prefer not to comment on the reasoning of Sopinka J. in the decision of United States of America v. Lépine, 1994 CanLII 116 (SCC), [1994] 1 S.C.R. 286, as the Chief Justice has in paragraphs 59 and 60 of his reasons. Nor do I find it necessary to resolve the question of the standard of review applied to the Minister’s surrender decision as discussed by the Chief Justice in paragraphs 119 to 128 of his reasons. It is enough, for purposes of these reasons, to say that if the standard is one of correctness, the Minister did not err in deciding that the appellant’s Charter rights would not be violated in the case at bar.

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