In deciding whether or not to order surrender, the Minister must consider whether surrender would violate the person's rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms. The applicable test is whether ordering surrender would "shock the conscience of Canadians" or whether extradition would place the person in an "unacceptable" situation. In making this assessment, the Minister must consider and balance all relevant factors, such as Canada’s international treaty obligations as well as the need to respect the fugitive’s constitutional rights: see United States of America v. Cobb, 2001 SCC 19, [2001] 1 S.C.R. 587, at para. 34; United States of America v. Burns, 2001 SCC 7, [2001] 1 S.C.R. 283 at paras. 63-69; Kindler v. Canada (Minister of Justice), 1991 CanLII 78 (SCC), [1991] 2 S.C.R. 779.
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