Summary

37614

Colin Hugh Martin v. Canada (Minister of Justice)

(British Columbia) (Criminal) (By Leave)

Keywords

Canadian Charter of Rights and Freedoms – Criminal law – Extradition – Judicial review of Minister’s surrender order – Whether Court of Appeal erred in finding the Minister’s decision to surrender the applicant to conditions which will be tantamount to solitary confinement was reasonable, and in upholding the decision that his Métis heritage would be properly considered by authorities in the U.S. – Whether surrendering a person to face a substantial risk of prolonged solitary confinement would shock the conscience of Canadians and violate the principles of fundamental justice under s. 7 of the Charter.

Summary

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The United States seeks to extradite Colin Martin to stand trial on charges in relation to an alleged drug trafficking conspiracy. The United States alleges that, between 2007 and 2009, Mr. Martin participated in a conspiracy with other members of a drug trafficking organization to transport drugs across the Canada-United States border. An order was issued for Mr. Martin’s committal to await surrender and, on February 15, 2016, the Minister of Justice ordered his surrender. Mr. Martin applied for judicial review of the Minister’s surrender order on the ground that her decision was unreasonable because in the indictment United States prosecuting authorities, for no valid purpose, placed his life at risk by identifying him as a would-be informant and by including statements about his control of the drug trade in and out of British Columbia. Mr. Martin denied making the statements and claimed that conduct by the U.S. was abusive and would shock the conscience of Canadians. He also contended that the Minister erred in finding the United States could adequately address his Métis heritage in sentencing and in imprisoning him. In the result, he sought an order setting aside the Minister’s decision to surrender him to the United States. The B.C. Court of Appeal dismissed Mr. Martin’s application for judicial review, finding the Minister’s surrender decision was reasonable.

Lower Court Rulings

May 9, 2014
Supreme Court of British Columbia

26053, 2014 BCSC 1112
Respondent’s application seeking order for applicant’s committal into custody to await surrender decision, granted.
June 13, 2017
Court of Appeal for British Columbia (Vancouver)

CA41805, 2017 BCCA 220
Applicant’s application for judicial review of Minister’s surrender order, dismissed.
 

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