MLB-Slaw Selected Case Summaries

Here you'll find weekly summaries of selected cases provided to Slaw by Maritime Law Book's National Reporter System.

Oct 31

Canada (Attorney General) v. Vera 2012 ONCA 657 

Civil Rights - Mobility rights - Right to remain in Canada - Extradition

The Minister of Justice ordered that Vera, a Convention refugee from the Czech Republic who had obtained Canadian (dual) citizenship, be surrendered for extradition. Vera applied for judicial review, arguing that the equality rights of citizens sought for extradition were violated because they had to meet a greater burden of proof than those with refugee status.

The Ontario Court of Appeal stated that there was no merit to that suggestion. That different treatment could hardly be said to perpetuate any historical disadvantage suffered by, or stereotypical treatment of, Canadian citizens as a group. The court stated that in this context, the rights accompanying citizenship were the antithesis of disadvantage. The Ontario Court of Appeal dismissed the application.

Link to PDF of complete summary

Link to full judgment