Canada (Attorney General) v. Fry
The Minister's decision was reasonable because, on balance of the Cotroni factors, the circumstances (allegation of conspiracy in Louisiana, location of witnesses and servers in the United States) favour surrender; therefore the application for judicial review was dismissed and the Minister's decision upheld.
Source-derived case information.
- Citation
- 2012 ONCA 493
- Parties
- Applicant: Paul Graham Fry; Respondent: The Minister of Justice (Attorney General of Canada)
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 10 July 2012
- Procedural Posture
- Extradition / Judicial Review Under the Extradition Act / Court of Appeal Endorsement of Judicial Review of Minister's Decision (s.58 Extradition Act)
- Outcome
- Application for judicial review dismissed; Minister's decision upheld.
- Legal Topics
- Standard of Review, Cotroni Factors, S.58 Extradition Act, S.6(1) Charter
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Graham Fry
Applicant
The Minister of Justice (Attorney General of Canada)
Respondent
Procedural Posture
Extradition / Judicial Review Under the Extradition Act / Court of Appeal Endorsement of Judicial Review of Minister's Decision (s.58 Extradition Act)
Legal Issues
- 1 Whether the Minister's decision under s.58 of the Extradition Act was reasonable
- 2 Application of the Cotroni factors to assess whether surrender should be ordered
- 3 Whether grounds of cruel and unusual punishment and lack of jurisdiction in Louisiana defeated surrender (not pursued)
Ratio Decidendi
The Minister's decision was reasonable because, on balance of the Cotroni factors, the circumstances (allegation of conspiracy in Louisiana, location of witnesses and servers in the United States) favour surrender; therefore the application for judicial review was dismissed and the Minister's decision upheld.
Court Disposition
Application for judicial review dismissed; Minister's decision upheld.
Orders
- Application for judicial review dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Fry Collection Decisions of the Court of Appeal Date 2012-07-10 Neutral citation 2012 ONCA 493 Docket numbers C54544 Judges Rosenberg, Marc; Sharpe, Robert J.; Simmons, Janet M. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Canada (Attorney General) v. Fry, 2012 ONCA 493 DATE: 20120710 DOCKET: C54544 Rosenberg, Sharpe and Simmons JJ.A. BETWEEN The Minister of Justice Respondent and Paul Graham Fry Applicant Gordon D. Cudmore, for the applicant Richard A. Kramer, for the respondent Heard and endorsed: June 29, 2012 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 October 6, 2011. APPEAL BOOK ENDORSEMENT [1] The applicant does not pursue his grounds of appeal concerning cruel and unusual punishment and jurisdiction in Louisiana. [2] The standard of review of the Minister’s decision under s. 6(1) of the Charter is reasonableness. In our view, the decision is reasonable. [3] The Minister could reasonably find that the Cotroni factors favour surrender. We note that the allegation is conspiracy in Louisiana. Most of the witnesses are in the United States. The servers were in the United States. [4] In fact, when looking at the Cotroni factors set out in para 14 of the applicant’s factum, most favour surrender. [5] Accordingly, the application is dismissed.