Is surrender not unjust, oppressive or otherwise contrary to fundamental justice?
British Columbia, Canada
The following excerpt is from Patterson v. Canada (Minister of Justice), 2018 BCCA 493 (CanLII):
It is common ground that the nature of the incarceration an applicant faces and humanitarian issues relating to an applicant’s personal circumstances are relevant to whether surrender would be unjust or oppressive or otherwise contrary to the principles of fundamental justice: Canada (Justice) v. Fischbacher, 2009 SCC 46 at paras. 37-38; M.M. v. United States of America, 2015 SCC 62 at paras. 113-115 (per Cromwell J. for the majority) and at paras. 251-252, 259 (per Abella J. in dissent); Martin v. Canada (Minister of Justice), 2017 BCCA 220 at para. 43, leave to appeal ref’d [2017] S.C.C.A. No. 350.
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