Canada (Attorney General) v. Pataki et al. 2012 ONCA 656
Extradition - Surrender to demanding country - Considerations - Refugee status
The Minister of Justice ordered that Pataki, a dual citizen of Canada and Hungary, be surrendered for extradition. Pataki did not come to Canada as a refugee and never had refugee status. Pataki applied for judicial review, arguing that the Minister erred in failing to apply the principles in Németh v. Canada (SCC 2010) (i.e., with regard to the onus and standard of proof).
The Ontario Court of Appeal dismissed the application. Németh dealt only with a person with refugee status. It did not alter the burden that a non-refugee had to meet. The Minister correctly concluded that Németh did not change the onus of proof and standard of proof that he was to apply to a non refugee Pataki applied for judicial review.