Romania v. Soproni
The court exercised its discretion to adjourn the judicial review and directed the Minister to reconsider the surrender decision as soon as possible, concluding it was inappropriate to quash the surrender order at this stage on the basis of the alleged s.3(3) violation.
Source-derived case information.
- Citation
- 2019 ONCA 703
- Parties
- Respondent: The Attorney General of Canada (On behalf of Romania); Appellant: Laszlo Soproni
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 9 September 2019
- Procedural Posture
- Judicial Review Under the Extradition Act / Application for Judicial Review; Adjourned to Permit Ministerial Reconsideration
- Outcome
- Application adjourned; surrender order not quashed; Minister directed to reconsider surrender decision promptly
- Legal Topics
- Surrender Order, Reconsideration, Adjournment, Section 3(3) Extradition Act, Credit for Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
The Attorney General of Canada (On behalf of Romania)
Respondent
Laszlo Soproni
Appellant
Procedural Posture
Judicial Review Under the Extradition Act / Application for Judicial Review; Adjourned to Permit Ministerial Reconsideration
Legal Issues
- 1 Whether the Minister should be given an opportunity to reconsider the decision to surrender the appellant to Romania
- 2 Whether the surrender order should be quashed for an alleged violation of s.3(3) of the Extradition Act
- 3 Whether the appellant should be released pending reconsideration
Ratio Decidendi
The court exercised its discretion to adjourn the judicial review and directed the Minister to reconsider the surrender decision as soon as possible, concluding it was inappropriate to quash the surrender order at this stage on the basis of the alleged s.3(3) violation.
Court Disposition
Application adjourned; surrender order not quashed; Minister directed to reconsider surrender decision promptly
Orders
- Adjourn the judicial review application to the next inmate sitting
- Direct the Minister to reconsider the January 30, 2019 surrender decision as soon as possible
Full Case Text
Judgment text and source record
1 paragraphs
Romania v. Soproni Collection Decisions of the Court of Appeal Date 2019-09-09 Neutral citation 2019 ONCA 703 Docket numbers C66674 Judges Sharpe, Robert J.; van Rensburg, Katherine; Thorburn, Julie Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Romania v. Soproni, 2019 ONCA 703 DATE: 20190909 DOCKET: C66674 Sharpe, van Rensburg and Thorburn JJ.A. IN THE MATTER OF an application for judicial review pursuant to s. 57 of the Extradition Act, S.C. 1999, c. 18 BETWEEN The Attorney General of Canada (On behalf of Romania) Respondent and Laszlo Soproni Appellant Christine Mainville, for the appellant Adrienne Rice, for the respondent Heard and released orally: September 6, 2019 On application for judicial review of the surrender order of the Minister of Justice, dated March 4, 2019. REASONS FOR DECISION [1] The Attorney General asks that this application for judicial review be adjourned to permit him to reconsider his decision, dated January 30, 2019, to surrender the applicant to Romania, pursuant to the Extradition Act. The applicant has been in custody in Canada since his arrest on October 31, 2016. He is subject to a three-year sentence in Romania. The Romanian authorities have indicated that he will be given credit for time served in Canada. Duty counsel opposes the request for an adjournment and asks that we consider the judicial review application today and grant the applicant immediate release. [2] In our view, the Minister should be given the opportunity to reconsider his decision in the light of the situation as it now stands. In particular, we are not persuaded that it would be appropriate to quash the surrender order today on account of the alleged violation of s. 3(3) of the Extradition Act. Counsel for the Attorney General has indicated that the process of reconsideration is underway but to remove any doubt on that score, we direct the Minister to reconsider the surrender decision as soon as possible. [3] This application, accordingly, will be adjourned to the next inmate sitting. “Robert J. Sharpe J.A.” “K. van Rensburg J.A.” “Thorburn J.A.”