35838 M.M. v. Minister of Justice Canada on behalf of the United States of America (Extradition – Principle of double criminality)
On appeal from the judgment of the Court of Appeal for Quebec pronounced April 4, 2014. In October 2010, the applicant’s ex-husband reported the couple’s three minor children missing in the United States of America. He had sole custody of the children while the applicant had no visitation rights. The children later testified that they had run away from their father’s home and later contacted their mother. In December 2010, Georgia police located the applicant and the children in a battered women’s shelter in the Province of Quebec. The applicant was arrested. The United States of America sought the extradition of the applicant to face charges in the State of Georgia for Interstate Interference with Custody. An Authority to Proceed was issued in February 2011, listing the Canadian offences of abduction in contravention of a custody order and abduction of a person under sixteen. The applicant now seeks leave to appeal two decisions, one dating from 2012 ordering her committal into custody and the second, ordering her surrender for extradition. The applicant’s motion for judicial review of decision of the Minister of Justice ordering the applicant’s surrender for extradition dated November 28 2012 was dismissed.