In what circumstances will the Minister of Justice be required to be satisfied that s. 3(1) of the Canadian Criminal Code is a condition precedent to an extradition to the United States?
Ontario, Canada
The following excerpt is from AGC v. Laird, 2010 ONSC 1553 (CanLII):
Further in United States of America v. A1- Hadi, [2002] O.J. No. 5338, the court stated at paragraph 14: I agree that s. 3(1) defines a condition precedent to the extradition process. In my view, it is the Minister of Justice who is required to be satisfied that s. 3(1) has been met… The Ministers authority to proceed is this courts assurance that the Minister has considered the Act.
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