Tag: University of Alberta

The Story: There has long been a theory in some quarters that human intelligence, the distinctive ability of human beings to do things like think...

Is extradition essentially a legal process, as the Government of Canada says, or a political one, as China asserts? These alleged lies began as early as 2009. But “conduct by the requesting state that amounts to an abuse of process is a basis for the extradition court to refuse extradition,” Edmonton lawyer Nathan Whitling says. “I think the Trump comments open the door for the motive of the Department of Justice [of the U.S.] to be explored,” Toronto lawyer Frank Addario says. The Supreme Court halted the extradition. “The only decision that must be made by the Minister of Justice personally is the ultimate decision on whether to surrender an individual in the event a judge has ordered committal for extradition,” Justice spokeswoman Célia Canon says. “This is a case that just cries out for transparency.” When the Justice Minister makes his ultimate decision on surrender, what guides the decision? Lawyers for Ms. Meng “can raise almost any issue,” Mr. Addario says, “including the fact that the alleged crime had negligible effects on the requesting state and appears to be the product of a trade dispute.” Can the minister’s ruling be reviewed by the courts? Not if the minister says no to the extradition. The Supreme Court of Canada says courts should generally defer in extradition cases because the executive, not the courts, has expertise in international relations: “The courts must be extremely circumspect so as to avoid interfering unduly in decisions that involve the good faith and honour of this country in its relations with other states.” Ultimately, in extradition cases, good faith and honour cannot be contracted out to the courts.