United States v. Foley
The Court held the Minister's surrender decision was not unreasonable and dismissed the application for judicial review.
Source-derived case information.
- Citation
- 2014 ONCA 388
- Parties
- Applicant: Martin Foley; Respondent: The Attorney General of Canada on behalf of the United States of America
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 13 May 2014
- Procedural Posture
- Extradition Judicial Review Under S.57 of the Extradition Act / Court of Appeal Decision on Application for Judicial Review of Minister's Surrender Order
- Outcome
- Application for judicial review dismissed; Minister's surrender order upheld.
- Legal Topics
- Section 7 Charter, Section 6(1) Charter, Section 44 Extradition Act, Judicial Review Reasonableness, Surrender Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Foley
Applicant
The Attorney General of Canada on behalf of the United States of America
Respondent
Procedural Posture
Extradition Judicial Review Under S.57 of the Extradition Act / Court of Appeal Decision on Application for Judicial Review of Minister's Surrender Order
Legal Issues
- 1 Whether the Minister's decision to surrender the applicant was unreasonable
- 2 Whether surrender would violate s.7 and s.6(1) of the Charter and s.44 of the Extradition Act
Ratio Decidendi
The Court held the Minister's surrender decision was not unreasonable and dismissed the application for judicial review.
Court Disposition
Application for judicial review dismissed; Minister's surrender order upheld.
Orders
- Application for judicial review dismissed.
- Minister's surrender order dated November 6, 2013 upheld.
Full Case Text
Judgment text and source record
1 paragraphs
United States v. Foley Collection Decisions of the Court of Appeal Date 2014-05-13 Neutral citation 2014 ONCA 388 Docket numbers C57938 Judges Laskin, John Ivan; Pepall, Sarah E.; Pardu, Gladys I. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: United States v. Foley, 2014 ONCA 388 DATE: 20140512 DOCKET: C57938 Laskin, Pepall and Pardu 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 the United States of America Respondent and Martin Foley Applicant Milena Cardinal, for the applicant Nancy Dennison, for the respondent Heard: May 8, 2014 On application for judicial review of the surrender order of the Minister of Justice, dated November 6, 2013. APPEAL BOOK ENDORSEMENT [1] The appellant acknowledges that in considering whether surrender would violate section 7 of the Charter and section 44 of the Extradition Act, or section 6(1) in the Charter, the Minister applied the correct principles. The only issue before us is whether the Minister’s surrender decision was unreasonable. [2] We are not persuaded that it was unreasonable. Accordingly, the application for judicial review is dismissed.