What factors will the Minister of Justice consider in deciding whether to prosecute in this country and allow the authorities in another country to seek extradition?

To guide the Minister in balancing the legitimate functions of extradition with a citizen’s right to remain in Canada, La Forest J. set out what have now become the “Cotroni factors” in an extradition proceeding, at 1498: In practice, the decision whether to prosecute, or not to prosecute in this country and allow the authorities in another country to seek extradition, is made following consultations between the appropriate authorities in the two countries. The factors that will usually affect such a decision were recently considered by Hanssen J. in United States of America v. Swystun, supra, at pp. 133-34. These factors include: - where was the impact of the offence felt or likely to have been felt, - which jurisdiction has the greater interest in prosecuting the offence, - which police force played the major role in the development of the case, - which jurisdiction has laid charges, - which jurisdiction has the most comprehensive case, - which jurisdiction is ready to proceed to trial, - where is the evidence located, - whether the evidence is mobile, - the number of accused involved and whether they can be gathered together in one place for trial, - in what jurisdiction were most of the acts in furtherance of the crime committed, - the nationality and residence of the accused, - the severity of the sentence the accused is likely to receive in each jurisdiction.