Canada (Minister of Justice) v. Dika
The Court held that outstanding charges in Macedonia for entirely different offences do not affect the reasonableness of the Minister's decision to extradite the applicant to the United States; the Surrender Order was therefore not unreasonable and the application failed.
Source-derived case information.
- Citation
- 2012 ONCA 196
- Parties
- Respondent: Minister of Justice of Canada; Applicant: Myfit Dika aka Mike Davis
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 26 March 2012
- Procedural Posture
- Judicial Review of Extradition Surrender Order / Court of Appeal Decision on Application
- Outcome
- Application dismissed; Surrender Order upheld.
- Legal Topics
- Extradition, Surrender Order, Judicial Review, Reasonableness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Minister of Justice of Canada
Respondent
Myfit Dika aka Mike Davis
Applicant
Procedural Posture
Judicial Review of Extradition Surrender Order / Court of Appeal Decision on Application
Legal Issues
- 1 Whether outstanding charges in Macedonia for different offences affect the reasonableness of the Minister's decision to surrender the applicant to the United States
- 2 Whether the Surrender Order should be quashed on the basis of unrelated foreign charges
Ratio Decidendi
The Court held that outstanding charges in Macedonia for entirely different offences do not affect the reasonableness of the Minister's decision to extradite the applicant to the United States; the Surrender Order was therefore not unreasonable and the application failed.
Court Disposition
Application dismissed; Surrender Order upheld.
Orders
- Application dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Minister of Justice) v. Dika Collection Decisions of the Court of Appeal Date 2012-03-26 Neutral citation 2012 ONCA 196 Docket numbers C54345 Judges Rosenberg, Marc; Armstrong, Robert Patrick; Juriansz, Russell G. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Canada (Minister of Justice) v. Dika, 2012 ONCA 196 DATE: 20120323 DOCKET: C54345 Rosenberg, Armstrong and Juriansz JJ.A. BETWEEN Minister of Justice of Canada Respondent and Myfit Dika aka Mike Davis Applicant Vincenzo Rondinelli, for the applicant Richard A. Kramer and Roy Lee, for the respondent Heard and endorsed: March 22, 2012 An application for a judicial review of the Surrender Order of the Minister of Justice dated May 31, 2011. APPEAL BOOK ENDORSEMENT [1] There is no merit to this application. The reasonableness of the decision to extradite to the United States is not affected by the outstanding charges in Macedonia for entirely different offences. [2] The application is dismissed.