What is the standard of review applied to a Minister's surrender decision?

British Columbia, Canada


The following excerpt is from United States of America v. Gillingham, 2004 BCCA 226 (CanLII):

In reaching this conclusion, however, I would prefer not to comment on the reasoning of Sopinka J. in the decision of United States of America v. Lépine, 1994 CanLII 116 (SCC), [1994] 1 S.C.R. 286, as the Chief Justice has in paragraphs 59 and 60 of his reasons. Nor do I find it necessary to resolve the question of the standard of review applied to the Minister’s surrender decision as discussed by the Chief Justice in paragraphs 119 to 128 of his reasons. It is enough, for purposes of these reasons, to say that if the standard is one of correctness, the Minister did not err in deciding that the appellant’s Charter rights would not be violated in the case at bar.

Other Questions


What standard of review applies to a Minister's decision to surrender? (British Columbia, Canada)
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
What is the standard of review of a Minister’s decision to surrender a suspect? (British Columbia, Canada)
What are the standards of review applicable to a judicial review of a decision made under the Rules of Review Act? (British Columbia, Canada)
What standard of review applies to a decision of the Minister of Justice? (British Columbia, Canada)
What is the standard of review of a Minister's decision to order a fugitive surrendered for extradition? (British Columbia, Canada)
What is the standard of review applied by an appellate court reviewing a decision of a trial judge concerning matters of custody and access? (British Columbia, Canada)
What is the standard of review for a Minister's decision whether surrender would be unjust or oppressive? (British Columbia, Canada)
What is the standard of review for a motion seeking to overturn a decision made by the Minister of Justice? (British Columbia, Canada)
What is the standard of review on a judicial review of a decision of the Superintendent to uphold an IRP? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.