FEDERAL COURT JUDE UPALI GNANAPRAGASAM THE CANADIAN COUNCIL FOR REFUGEES

If the Department of Justice decides to issue the Authority to Proceed, the next step is an extradition hearing, which takes place before a judge of the Superior Court.24 At the hearing, the extradition judge examines the request for extradition from the requesting state and the supporting material to determine whether sufficient evidence exists for committal.25 Typically, this will require the ju. [...] 7 of the Charter is engaged at each of the three phases of the extradition process and therefore each decision, not just the final one, must be made in accordance with the principles of fundamental justice.33 This is despite the robust nature and mandated Charter compliance of the Minister’s final determination. [...] Although the Minister of Justice would have had the discretion and ability to stop the extradition in the final stages of the proceedings because of these comments, the judge overseeing the committal phase stayed the proceedings pursuant to Charter s. [...] The CDSA framework provided Insite the ability to obtain a pre-emptive exemption from the application of the CDSA, at the discretion of the Minister of Health through s. [...] 56 of the CDSA.79 Section 56 of the CDSA held that: 56 The Minister may, on such terms and conditions as the Minister deems necessary, exempt any person or class of persons or any controlled substance or precursor or any class thereof from the application of all or any of the provisions of this Act or the regulations if, in the opinion of the Minister, the exemption is necessary for a medical or s.