Section 6(1) of Canadian Charter of Rights and Freedoms right of child was not engaged

Ontario criminal | Extradition and Fugitive Offenders

COMMITTAL FOR SURRENDER OR RETURN

Section 6(1) of Canadian Charter of Rights and Freedoms right of child was not engaged

Applicant sought judicial review of decision to surrender regarding conspiracy charges of importing 100 kilograms of marijuana. Canadian border authorities located US $59,540 in applicant’s car panelling. Applicant argued Charter rights of child were affected as minister’s reconsideration decision indicated that he was fully aware of applicant’s role as sole caregiver of child and aware of assessment report. Assessor noted applicant rented apartment from mother who supported him and there were also several siblings causing minister to conclude that applicant’s surrender would not leave child without support and care of family member. Application dismissed. It was reasonable for minister to make decision as all relevant factors were considered. Section 6(1) of Canadian Charter of Rights and Freedoms right of child was not engaged in this case as child was not person sought for extradition and that extradition of applicant would not result in removal of her child from Canada.
United States of America v. Pakulski (Jul. 21, 2015, Ont. C.A., Janet Simmons J.A., M. Tulloch J.A., and Grant Huscroft J.A., File No. CA C57319) 123 W.C.B. (2d) 557.

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