2020 QCCA 121, 2020 QCCA 121

Prince c. Attorney General of Canada 2020 QCCA 121 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007055-195 MINUTES OF HEARING DATE: January 22, 2020 CORAM: THE HONOURABLE JACQUES CHAMBERLAND, J.A. ALLAN R. HILTON, J.A. MARK SCHRAGER, J.A.

PETITIONER COUNSEL Adesanya Prince Mtre TEDDY TABET ( Marie-Hélène Giroux Avocats ) RESPONDENT COUNSEL ATTORNEY GENERAL OF CANADA Mtre Constantina Antonopoulos ( Department of Justice Canada ) IMPLEADED PARTY ATTORNEY GENERAL OF CANADA, for the United States of America In judicial review of an extradition order rendered on March 22, 2019 by the Honourable David Lametti , Minister of Justice of Canada. NATURE OF THE APPEAL: Extradition - Judicial review of the Minister’s decision. Clerk at the hearing : Francesca Pierre-Antoine Courtroom: Pierre-Basile-Mignault HEARING 10:42 Commencement of the hearing.

Files 500-10-007039-199 and 500-10-007055-195 are heard jointly. Submissions by Mtre Tabet on the case of Mr. Nsabimana. 11:10 Submissions by Mtre Tabet on the case of Mr. Prince. 11:15 Discussion between the Court and Mtre Tabet. 11:21 Submissions by Mtre Dib on the case of Mr. Nsabimana.

11:39 Submissions by Mtre Antonopoulos on the case of Mr. Prince. 11:52 Reply by Mtre Tabet on the two files. 11:54 Recess of the hearing. 11:59 Resumption of the hearing. 12:00 BY THE COURT: Judgment – see page 3. Conclusion of the hearing. Francesca Pierre-Antoine, Clerk at the hearing JUDGMENT [ 1 ] The petitioner Adesanya Prince's motion seeks to judicially review the extradition order of the Minister of Justice dated March 22, 2019 to surrender him to the United States pursuant to ss. 58 & 60 of the Extradition Act. Mr.

Prince had previously pleaded guilty in the Harris County District Court in the State of Texas to one count of promotion of child pornography in violation of s. 43.76 of the Texas Penal Code. The images of child pornography included one that: "depicted an adult male orally, anally and vaginally penetrating with his penis, a nude female child who appeared to be between 2 and 4 years old, while others involved sexual acts involving dogs." [ 2 ] Mr.

Prince, who illegally entered Canada at the Lacolle border crossing, bears the burden of showing that the Minister’s decision was unreasonable in deciding that the proposed surrender would be unjust or oppressive ( India v. Badesha , 2017 SCC 44 , para. [41] ).

He argues that it was unreasonable for the Minister to order his surrender for extradition for two reasons: (1) the dangerous conditions of detention prevailing in the Texas penal system; and (2) the danger to which he would be exposed if he was eventually deported by the United States to Nigeria, his country of origin. [ 3 ] The materials before the Court that were considered by the Minister did not establish the danger Mr.

Prince alleged to his being incarcerated in Texas for the crime he pleaded guilty to having committed, nor the danger to which he might be exposed if he was eventually returned to Nigeria upon his having served the entirety of his sentence. In any event, there are mechanisms available in the United States that would allow Mr. Prince to make appropriate submissions concerning the dangers he might face if he were to be returned to Nigeria upon the completion of his sentence. In all of the circumstances, the Minister's decision was reasonable. FOR THESE REASONS, THE COURT: [ 4 ] DISMISSES petitioner’s motion.

JACQUES CHAMBERLAND, J.A. ALLAN R. HILTON, J.A. MARK SCHRAGER, J.A.