What is the test for refusing surrender under section 44 of the Extradition Act?
British Columbia, Canada
The following excerpt is from Republic of India v. Singh, 2007 BCCA 157 (CanLII):
In submissions to the Minister, the appellant said that his surrender to India should be refused on the basis that it would be unjust or oppressive. Under s. 44(1)(a) of the Extradition Act the Minister is required to refuse surrender if to do so would be “unjust or oppressive having regard to all the relevant circumstances”. The standard is akin to the related test under s. 7 of the Charter as to whether surrender would “shock the conscience” or be “simply unacceptable”: United States of America v. Reumayr, 2003 BCCA 375, 176 C.C.C. (3d) 377 at para. 19.
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