Minister of Justice for Canada v. Mahoney
Despite being perfunctory, the Minister's reasons were adequate because the record establishes the Minister considered the applicant's s.6 rights, his health concerns and counsel's memorandum applying the Cotroni factors, which overwhelmingly supported prosecution in the United States; thus surrender was justified...
Source-derived case information.
- Citation
- C40599
- Parties
- Respondent: Minister of Justice for Canada; Applicant: Danny Mahoney
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 18 May 2004
- Procedural Posture
- Judicial Review of Surrender Order / Court of Appeal Decision on Application for Judicial Review
- Outcome
- Application dismissed; surrender order upheld.
- Legal Topics
- Adequacy of Reasons, S.6 Charter Mobility Rights, Health Considerations in Surrender, Cotroni Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Minister of Justice for Canada
Respondent
Danny Mahoney
Applicant
Procedural Posture
Judicial Review of Surrender Order / Court of Appeal Decision on Application for Judicial Review
Legal Issues
- 1 Whether the Minister's letter provided adequate reasons for the surrender order
- 2 Whether the Minister adequately considered the applicant's s.6 Charter rights
- 3 Whether the applicant's health concerns justified refusal to surrender
Ratio Decidendi
Despite being perfunctory, the Minister's reasons were adequate because the record establishes the Minister considered the applicant's s.6 rights, his health concerns and counsel's memorandum applying the Cotroni factors, which overwhelmingly supported prosecution in the United States; thus surrender was justified and the application was dismissed.
Court Disposition
Application dismissed; surrender order upheld.
Orders
- Application dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Minister of Justice for Canada v. Mahoney Collection Decisions of the Court of Appeal Date 2004-05-18 Docket numbers C40599 Judges Laskin, John Ivan; Feldman, Kathryn N.; Blair, Robert Ashley Subject Civil Decision Content DATE: 20040518 DOCKET: C40599 COURT OF APPEAL FOR ONTARIO RE: THE MINISTER OF JUSTICE FOR CANADA (Respondent) - and DANNY MAHONEY (Applicant) BEFORE: LASKIN, FELDMAN and BLAIR JJ.A. COUNSEL: Paul Slansky for the appellant Bradley Reitz for the respondent HEARD & ENDORSED: May 14, 2004 On application for judicial review of the surrender order of the Honourable Martin Cauchon, Minister of Justice for Canada, dated March 18, 2003. APPEAL BOOK ENDORSEMENT [1] The applicant's main contention is that the Minister's letter ordering surrender does not give adequate reasons for his decision. We acknowledge that the Minister's reasons are perfunctory. However, in our view, they are adequate in this case. [2] The Minister said that he considered the applicant's s. 6 rights and his health concerns. We must assume that he did so and that he also took into account his counsel's memorandum. That memorandum considers the Cotroni factors, the applicant's health problems and Mr. Slansky's submission that the two are related. The Cotroni factors point overwhelmingly to prosecution in the United States; and from the record the applicant's health concerns taken alone or in conjunction with his s. 6 rights, do not justify refusing to surrender him. [3] Accordingly, the application is dismissed.