What is the reasonableness standard for a Minister to make a decision in respect of Charter rights?

British Columbia, Canada

The following excerpt is from Grenada v. Canada (Minister of Justice), 2021 BCCA 275 (CanLII):

The reasonableness standard applies to decisions of Ministers with respect to Charter rights, and deference is owed to the decisions of Ministers who are required to balance competing considerations: Lake v. Canada (Minister of Justice), 2008 SCC 23 at para. 34.

Section 44 of the Act requires the Minister of Justice to refuse surrender if it would be unjust or oppressive in all of the circumstances. The test to determine whether the surrender would be unjust or oppressive is whether it would shock the Canadian conscience, and the same test is applied in determining whether the surrender would be contrary to the principles of fundamental justice under s. 7 of the Charter: Scarpitti v. United States of America, 2007 BCCA 498 at para. 63.

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