What is the effect of a decision not to prosecute a person in Canada on their return to the United States?

Ontario, Canada


The following excerpt is from United States of America v. Jones, 2022 ONSC 11 (CanLII):

When the person sought raises concerns about the decision not to prosecute them in Canada, these concerns are raised in the context of s. 6 of the Charter, which grants every Canadian the right to remain in Canada. There are multiple factors that could impact the discretion of Canadian authorities in deciding whether or not to prosecute, requiring consultation between the appropriate authorities in the two countries. The objectives underlying extradition are pressing and substantial and are sufficiently important to make it a reasonable limit within the meaning of s. 1 of the Charter. Where a decision has been made not to prosecute a person in Canada, extradition is a reasonable limit on the Charter right in s. 6(1). It is often better that a crime be prosecuted where its harmful impact is felt and where the witnesses and the persons most interested in bringing the criminal to justice reside: see United States of America v. Cotroni, 1989 CanLII 106 (SCC), [1989] 1 S.C.R. 1469 at para. 34.

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