What is the test for a judicial committal for surrender?

The applicant relies on Baron v. Canada, 1993 CanLII 154 (SCC), [1993] 1 S.C.R. 416, 99 D.L.R. (4th) 350, for the proposition that a judicial officer must always be left with a residual discretion to refuse to comply with a statutory obligation. I accept the proposition in the limited sense that a judicial officer should generally have a residual discretion to refuse to comply with a statutory obligation where it would not be in the interests of justice to do so. However, in my view, that proposition does not apply in the case of judicial committal for surrender, which is merely an initial step towards extradition. The federal Minister of Justice must thereafter decide whether or not to surrender the fugitive and has numerous statutory “reasons for refusal” to surrender the fugitive. Thus, the fugitive is given numerous safeguards against surrender in unjust or oppressive circumstances.