United States v. Nguyen
The court upheld the Minister's decision because the Minister addressed the relevant Cotroni factors and considered the applicant's personal circumstances; the decision to surrender was not unreasonable, therefore the application for relief was dismissed.
Source-derived case information.
- Citation
- 2012 ONCA 398
- Parties
- Respondent: The Attorney General of Canada on Behalf of the United States of America; Applicant: Dung Ngoc Nguyen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 11 June 2012
- Procedural Posture
- Extradition (criminal) / Appeal From Committal Order and Judicial Review of Minister's Surrender Decision
- Outcome
- Application dismissed; Minister's surrender order upheld.
- Legal Topics
- Extradition Hearing, Cotroni Assessment, Judicial Review, Committal Order, Ministerial Surrender Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Attorney General of Canada on Behalf of the United States of America
Respondent
Dung Ngoc Nguyen
Applicant
Procedural Posture
Extradition (criminal) / Appeal From Committal Order and Judicial Review of Minister's Surrender Decision
Legal Issues
- 1 Whether the Minister unreasonably ordered surrender under the Extradition Act
- 2 Whether the Minister properly applied the Cotroni assessment and considered the applicant's personal circumstances
- 3 Whether the appellate court should interfere with the Minister's decision for reasonableness
Ratio Decidendi
The court upheld the Minister's decision because the Minister addressed the relevant Cotroni factors and considered the applicant's personal circumstances; the decision to surrender was not unreasonable, therefore the application for relief was dismissed.
Court Disposition
Application dismissed; Minister's surrender order upheld.
Orders
- Application for judicial review dismissed
- No interference with the Minister's order to surrender
Full Case Text
Judgment text and source record
1 paragraphs
United States v. Nguyen Collection Decisions of the Court of Appeal Date 2012-06-11 Neutral citation 2012 ONCA 398 Docket numbers C54538 Judges Doherty, David H.; Feldman, Kathryn N.; Rouleau, Paul S. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: United States v. Nguyen, 2012 ONCA 398 DATE: 20120608 DOCKET: C54538 Doherty, Feldman and Rouleau JJ.A. BETWEEN The Attorney General of Canada on Behalf of the United States of America Respondent and Dung Ngoc Nguyen Applicant Kim Schofield, for the applicant Heather J. Graham, for the Attorney General of Canada and the Minister of Justice on behalf of the United States of America Heard: June 8, 2012 On appeal from the committal order of Justice Thorburn of the Superior Court of Justice, dated February 28, 2011, and on application for judicial review from the decision of the Honourable Rob Nicholson, Minister of Justice and Attorney General of Canada, concerning an application brought pursuant to s. 58 of the Extradition Act, S.C. 1999, c. 18, dated September 19, 2011. APPEAL BOOK ENDORSEMENT [1] We see no basis upon which we can interfere with the Minister’s order. He addressed the relevant factors on the Cotroni assessment. The appellant’s personal circumstances were considered by the Minister. We cannot say his decision to surrender despite those circumstances was unreasonable. [2] The application is dismissed.