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Ontario Court of Appeal stops the extradition of Aboriginal accused

September 25, 2012

Court holds that the “Gladue factors” apply in the extradition context.

Since the 1999 decision of the Supreme Court of Canada in R. v. Gladue,  judges have used a different framework of analysis for sentencing Aboriginal offenders, which takes into account “the distinct situation of aboriginal peoples in Canada”.

The Ontario Court of Appeal has now held, in United States v. Leonard, that the same factors apply in the extradition context. It has stopped the extradition of an accused Aboriginal person, holding that the Minister of Justice failed to consider the Gladue factors when he determined that the accused should be surrendered for prosecution of a drug offence in the United States.

Click here for a summary of the case.


Jessica Orkin

Practice Areas

Criminal Law