BODIES UNDER REVIEW - Nature of body - Types - Crown - Ministers and their agents

Law360 Canada (February 24, 2023, 6:22 AM EST) -- Application by Sandhu for judicial review of the Minister of Justice’s (Minister) decision, ordering his surrender to the United States of America. Sandhu argued it was unreasonable for the Minister to order his surrender on the United States conspiracy charge. Sandhu was charged in the United States with five co-accused with conspiracy to distribute cocaine and heroin. In a diplomatic note, the United States requested the extradition of Sandhu and others for offences of conspiracy to distribute and attempted possession of cocaine and heroin. In support of the request, the United States Attorney’s Office forwarded a Record of the Case and certified that the evidence contained in it was available for trial and was sufficient under the laws of the United States to justify prosecution. The Minister issued an Authority to Proceed (ATP) authorizing the Attorney General to seek a committal order for Sandhu’s extradition to stand trial on charges in the state of Washington corresponding to the Canadian offence of trafficking. Sandhu alleged the Minister’s decision to surrender him for conspiracy to distribute cocaine and heroin was contrary to the principle of double criminality. At the judicial review hearing, Sandhu relied on a new argument that he was not given sufficient notice that the United States was seeking to extradite him on a conspiracy charge. Sandhu’s new argument sought to distinguish Canada (Justice) v. Fischbacher on the basis that Fischbacher always knew he was facing a charge of murder in the United States. Here, Sandhu said he was unaware he was facing a charge of conspiracy until he received the Memorandum to the Minister....
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