Lunn v. Canada (Minister of Justice), (2016) 374 N.S.R.(2d) 295 (CA)

• Judge: MacDonald, C.J.N.S., Farrar and Bourgeois, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: April 13, 2016
• Jurisdiction: Nova Scotia
• Citations: (2016), 374 N.S.R.(2d) 295 (CA);2016 NSCA 49

Lunn v. Can. (2016), 374 N.S.R.(2d) 295 (CA);

    1178 A.P.R. 295

MLB headnote and full text

Temp. Cite: [2016] N.S.R.(2d) TBEd. JN.026

Cyril Gordon Lunn (applicant) v. Minister of Justice (Canada) (respondent)

(CA 443641; 2016 NSCA 49)

Indexed As: Lunn v. Canada (Minister of Justice)

Nova Scotia Court of Appeal

MacDonald, C.J.N.S., Farrar and Bourgeois, JJ.A.

June 8, 2016.

Summary:

The federal Justice Minister decided to surrender Lunn to the United States to face bankruptcy fraud charges. Lunn applied for judicial review and, ancillary to the application, sought further disclosure.

The Nova Scotia Court of Appeal dismissed the application and disclosure request.

Extradition - Topic 4

General - Role of Minister (incl. duty of fairness) - The Nova Scotia Court of Appeal reviewed the Minister of Justice's role at the surrender stage of the extradition process - The court held that the Minister's decision on surrender was entitled to deference (i.e., reviewable on the reasonableness standard) - See paragraphs 34 to 40.

Extradition - Topic 3382

Surrender to demanding country - Procedure - Disclosure - Lunn was a 68 year old Canadian, who had lived and worked in the United States (U.S.) for most of his life, but had moved back to Canada - In 2006, he was indicted on bankruptcy fraud charges by the U.S. - In 2012, the U.S. commenced extradition proceedings - The Minister of Justice ordered his surrender - Lunn applied for judicial review and, ancillary to that application, further disclosure - He argued that because of the six year delay in pursuing extradition, he was entitled to further disclosure relating to the reasons for the delay, alleging that there was some state misconduct - The Nova Scotia Court of Appeal denied the disclosure motion - The court found that Lunn offered nothing more than the delay itself to substantiate his conjectured state misconduct - That was not enough to warrant the exceptional relief sought - See paragraphs 18 to 30.

Extradition - Topic 3385

Surrender to demanding country - Procedure - Time for surrender - Lunn was a 68 year old Canadian, who had lived and worked in the United States (U.S.) for most of his life, but had moved back to Canada - In 2004, while under investigation for bankruptcy fraud in the U.S., he was charged with smuggling undeclared money into the U.S. and released on bail on condition that he remain in the U.S. - However, in early 2005, he breached that condition and fled to Canada where he remained ever since - In 2006, he was indicated on the bankruptcy fraud charges by the U.S. - In 2012, the U.S. commenced extradition proceedings relating the to the bankruptcy fraud charges only - The Minister of Justice ordered his surrender - Lunn applied for judicial review - The Nova Scotia Court of Appeal dismissed the application - It was Lunn was the one who deliberately fled from the U.S., so it was not for him to complain that the U.S. authorities took too long to track him down - In any event, the Minister's decision on the merits was reasonable - See paragraphs 41 to 58.

Extradition - Topic 3947

Practice - Judicial review - Decision to surrender (incl. standard of review) - [See Extradition - Topic 4 ].

Counsel:

Christopher I. Robinson, for the applicant;

Thomas Beveridge and Patricia MacPhee, for the respondent.

This application was heard on April 13, 2016, in Halifax, N.S., before MacDonald, C.J.N.S., Farrar and Bourgeois, JJ.A., of the Nova Scotia Court of Appeal. The following decision was delivered for the court by MacDonald, C.J.N.S., on June 8, 2016.