Does the Minister of Justice have a duty to surrender under the Surrendering Under the Surrogation Act?

The applicant is a Canadian citizen. Section 6(1) of the Charter gives him a constitutional right to remain in Canada. That right is subject to reasonable limits, including extradition as governed by the Act and applicable treaties. In exercising the surrender discretion under the Act the Minister must take into account the applicant’s constitutional right to remain in Canada. This consideration becomes particularly significant where the conduct of the applicant that gives rise to the request for extradition is also conduct that could be prosecuted in Canada: see United States of America v. Cotroni (1989), 1989 CanLII 106 (SCC), 48 C.C.C. (3d) 193 at 225 (S.C.C.).