What is the test for surrendering a person?
British Columbia, Canada
The following excerpt is from United Kingdom v. Aziz, 2013 BCCA 414 (CanLII):
Section 44(1)(a) of the Act requires the Minister not to surrender a person if to do so would be unjust or oppressive. Surrender would be unjust or oppressive if it would be contrary to the principles of fundamental justice. The test asks whether surrendering the person would “shock the conscience” or be “simply unacceptable” in all the circumstances: United States of America v. Scarpitti, 2007 BCCA 498 at para. 68; United States of America v. Reumayr, 2003 BCCA 375 at para. 19. In reaching his conclusion the Minister may have regard to “all relevant circumstances”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a person acts within their legal rights, is that person liable even if another person suffers a loss? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
Can a personal representative of the deceased's estate make a claim under s. 151(3) of the BC Supreme Court of Justice for personal representative leave to continue to pursue his claim? (British Columbia, Canada)
What is the impact of personal experiences on the assessment of non-pecuniary damages in a personal injury action? (British Columbia, Canada)
Can one person's invitation to touch another person's penis constitute an assault? (British Columbia, Canada)
What defines an informed person and what defines that informed person? (British Columbia, Canada)
Is a plaintiff’s personal injury fund available for use in a personal injury litigation deduction? (British Columbia, Canada)
What is the test for determining whether a person has been injured by another person? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
What is the legal test for a Minister of Justice to surrender a person to the requesting state? (British Columbia, Canada)
