[2012] 2 F.C.R. D-12
EXTRADITION
Motion to dismiss application by Wilson for judicial review of authority to proceed (ATP) issued by Minister of Justice pursuant to Extradition Act, S.C. 1999, c. 18, s. 15—Minister arguing remedies sought available in ongoing extradition proceedings in British Columbia provincial courts—Test to be met on motion to strike judicial review application whether application bereft of any possibility of success—In extradition procedures, test met where Federal Court concluding adequate remedies available in provincial courts—Act giving provincial courts jurisdiction over judicial functions—Legislator recognizing experience, expertise of provincial courts in criminal law—Federal Court having to be sensitive to legislator’s wish to convey to provincial courts control of extradition procedures—As noted in Froom v. Canada (Minister of Justice), 2004 FCA 352, [2005] 2 F.C.R. 195, Federal Court can exercise its discretion, decline to assume jurisdiction if applicant having alternative judicial forum which can consider adequate remedies— Issue herein whether provincial courts having adequate alternative remedies available to deal with matters brought up by Wilson—Impossible to predict whether adequate remedies available in British Columbia courts under present circumstances—Alternative remedies available in provincial courts appearing to be adequate to render justice—However, ATP only reviewable by Federal Court—Such avenue may eventually be only one capable of rendering justice—Federal Court concurring with joint undertaking recognizing possibility for Wilson to reapply to Federal Court if no adequate remedy available in provincial courts in relation to validity of AIP—Motion granted without prejudice to rights of applicant to bring new application.
Wilson v. Canada (Justice) (T-240-12, 2012 FC 280, Noël J., judgment dated February 29, 2012, 12 pp.)