What is the test for determining whether a Minister made an unreasonable or unjust decision in making a decision not to seek assurances that the likely penalty would not make the surrender unjust or oppressive?

British Columbia, Canada


The following excerpt is from U.S.A. v. Ranga, 2012 BCCA 82 (CanLII):

The issue is whether the Minister arrived at an unreasonable decision in concluding that the likely penalty would not make the surrender unjust or oppressive, or in failing to seek assurances. It is clear from the jurisprudence that, recognizing the competing considerations on the part of the Minister and his superior expertise with regard to many of those considerations, it is only in exceptional cases of real substance that this court may interfere with the Minister’s decision: Lake v. Canada (Minister of Justice), 2008 SCC 23, [2008] 1 S.C.R. 761 at para. 34.

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