What is the test for surrendering a person for extradition under s. 6 of the Charter?

Ontario, Canada


The following excerpt is from United States of America v. Prudenza, 2006 CanLII 36484 (ON CA):

The appellants are Canadian citizens and by virtue of s. 6(1) of the Charter have “the right to enter, remain in and leave Canada.” It is well recognized that extradition is a reasonable limit on the right set out in s. 6(1). Before surrendering persons for extradition, the Minister of Justice must conduct what is known as a “Cotroni assessment”. The assessment derives its name from the United States of America v. Cotroni (1989), 1989 CanLII 106 (SCC), 48 C.C.C. (3d) 193 (S.C.C.), where the court recognized that a person’s s. 6(1) rights were engaged on an extradition request and that the Minister was obligated to consider a variety of factors, including a person’s rights under s. 6(1), in determining whether the Minister should surrender that person to a foreign jurisdiction.

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