The Court of Appeal today allowed an application for judicial review of the decision of the Minister of Justice to order the surrender of an Indigenous person to face charges of money laundering in the US.

In considering the personal circumstances of the applicant and his children, the Minister failed to consider their Indigenous heritage and the context of the historical mistreatment by Canada of Indigenous families which forcibly separated children from their parents and culture. These were relevant factors in light of the much more severe sentence Mr. Sheck faced in the US if convicted, but the Minister also failed to appreciate and consider the disparity in the likely sentence.

The full decision is available here.

The applicant was represented by Alison Latimer and Greg DelBigio, Q.C..