R. v. Tavares
The Minister applied the correct legal test, fully considered the applicant's circumstances, and did not make a reversible error; therefore extradition is not unjust or oppressive under s.44(1)(a) and does not shock the conscience under s.7, and the application is dismissed.
Source-derived case information.
- Citation
- 2008 ONCA 65
- Parties
- Applicant: ANTONIO TAVARES; Respondent: THE ATTORNEY GENERAL OF CANADA on behalf of THE UNITED STATES OF AMERICA
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 30 January 2008
- Procedural Posture
- Extradition / Court of Appeal Endorsement/review of Minister's Extradition Decision
- Outcome
- Application dismissed; Minister's extradition decision upheld.
- Legal Topics
- Extradition Unjust or Oppressive, Shock the Conscience, Section 44(1)(a) Extradition Act, Section 7 Charter
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ANTONIO TAVARES
Applicant
THE ATTORNEY GENERAL OF CANADA on behalf of THE UNITED STATES OF AMERICA
Respondent
Procedural Posture
Extradition / Court of Appeal Endorsement/review of Minister's Extradition Decision
Legal Issues
- 1 Whether the Minister erred in finding the applicant's personal circumstances did not render extradition unjust or oppressive under s.44(1)(a) of the Extradition Act
- 2 Whether extradition would 'shock the conscience' under section 7 of the Charter
Ratio Decidendi
The Minister applied the correct legal test, fully considered the applicant's circumstances, and did not make a reversible error; therefore extradition is not unjust or oppressive under s.44(1)(a) and does not shock the conscience under s.7, and the application is dismissed.
Court Disposition
Application dismissed; Minister's extradition decision upheld.
Orders
- Application dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Tavares Collection Decisions of the Court of Appeal Date 2008-01-30 Neutral citation 2008 ONCA 65 Docket numbers C47262 Judges Laskin, John Ivan; Rosenberg, Marc; LaForme, Harry Smith Subject Criminal Decision Content CITATION: R. v. Tavares, 2008 ONCA 65 DATE: 20080130 DOCKET: C47262 COURT OF APPEAL FOR ONTARIO LASKIN, ROSENBERG and LAFORME JJ.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA on behalf of THE UNITED STATES OF AMERICA Respondent and ANTONIO TAVARES Applicant Michèle Khitab for the applicant Tomas C. Lemon for the respondent Heard and endorsed: January 29, 2008 APPEAL BOOK ENDORSEMENT [1] The Minister found that the applicant’s personal circumstances would not render extradition unjust or oppressive under s. 44(1)(a) of the Act or shock the conscience under s. 7 of the Charter. The Minister fully considered the relevant circumstances and applied the correct test. His decision attracts a high degree of deference and we are not persuaded that he made any reversible error. In particular, the fact that the applicant’s elderly parents may have to make other arrangements for their care does not make the extradition unjust or oppressive or shock the conscience. [2] Accordingly, the application is dismissed.