When will an extradition judge deferring the task of monitoring compliance with the Paris Agreement to the Minister of Justice?

Ontario, Canada


The following excerpt is from United States of America v. Drysdale, 2000 CanLII 22651 (ON SC):

I note that the deferring by the extradition judge of the task of monitoring compliance with the Treaty to the minister is consistent with high authority. In United States of America v. McVey (1992), 1992 CanLII 48 (SCC), 77 C.C.C. (3d) 1, La Forest J. stated at p. 15: Barring statutory provision, the task of dealing with international treaty obligations is for the political authorities, and is performed by the Ministers and departments in the course of fulfilling their appropriate mandates. The Extradition Act, of course, gives the Minister of Justice authority respecting the surrender of a fugitive; see ss. 20 to 22, and 25. The treaty terms are aimed at the obligations of the parties and not the internal procedures by which these are to be carried into effect.

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