United States of America v. Burns and Rafay

Abstract

Extradition — Capital offences — Offence carrying death penalty in requesting State but not in requested State — Right of requested State to seek assurance that death penalty will not be imposed — Canada-United States Extradition Treaty, 1976, Article 6 — Decision by Canada to extradite fugitive without assurances — Whether contrary to Canadian Charter of Rights and Freedoms — Relevance of international law — Whether international law prohibits death penalty — Whether international law manifests trend against death penalty — Considerations of fundamental justice — Whether balance has changed since 1991

Human rights — Inhuman and degrading treatment or punishment — Death penalty — Whether constituting inhuman or degrading treatment or punishment — Death row phenomenon — Concepts of fundamental justice

International criminal law — Cooperation between States in criminal matters — Extradition — Death penalty — Whether State which has abolished death penalty should extradite person on capital charge without assurances that death penalty will not be imposed — The law of Canada