Does extradition to the United States violate the Charter right of Canadian citizens to remain in Canada?

British Columbia, Canada


The following excerpt is from Sheck v. Canada (Minister of Justice), 2019 BCCA 364 (CanLII):

Extradition violates the s. 6(1) Charter right of Canadian citizens to remain in Canada. Extradition must be demonstrably justified as a reasonable limit to this right, pursuant to s. 1 of the Charter. The Minister’s assessment of whether extradition is more appropriate than domestic prosecution requires independent consideration of a number of factors which were set out in a non‑exhaustive list in United States of America v. Cotroni; United States of America v. El Zein, 1989 CanLII 106 (SCC), [1989] 1 S.C.R. 1469. The “Cotroni factors”, as they have become known, include analysis of: which jurisdiction has a greater link with the crime or a greater ability to prosecute; the nationality and residence of the accused; and the severity of the sentence the accused is likely to receive in each jurisdiction.

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