Saba Ahmad is a Litigator working on environmental, administrative and commercial matters in Toronto. Learn more at www.sabaahmad.com
The Ontario Court of Appeal dismissed another application for judicial review, as reported in the ORs today.
Mr. Pataki, a dual citizen of Hungary and Canada, challenged his extradition to Hungary to answer charges of fraud. The Minister of Justice of Canada ordered his extradition, rejecting Mr. Pataki’s claims he would not get a fair trial and that his extradition was unjust or oppressive.
The applicant appealed his committal and argued the law of extradition changed because of the Supreme Court of Canada’s ruling in Nemeth v. Canada,  S.C.J. No. 56. Under Nemeth, the Minister must refuse to extradite a refugee if it appears the “request for extradition is made for the purpose of prosecuting or punishing the person by reason of race, religion, nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability or status or that the person’s position may be prejudiced by any of those reasons.” The onus is on the Minister to show prejudice is not a concern if the refugee was granted status in Canada as a means of protecting the refugee from the requesting country.
The Court of Appeal held that Nemeth did not apply to Mr. Pataki’s case because he was a dual citizen and had never been granted refugee status in Canada. The law had not changed for dual citizens, and in the absence of unreasonableness by the Minister, Mr. Pataki must return to Hungary to answer the criminal charges against him.