Section 44(1)(a) of the Act provides that the Minister must refuse to make a surrender order if he or she is satisfied that the surrender would be unjust or oppressive having regard to all the relevant circumstances. A surrender would be unjust or oppressive if it would shock the conscience of Canadians: see United States v. Burns, 2001 SCC 7 at para. 68. A surrender that is contrary to the principles of fundamental justice under s. 7 of the Canadian Charter of Rights and Freedoms will be considered to be unjust or oppressive: see Lake v. Canada (Minister of Justice), 2008 SCC 23 at para. 24.
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