Posted Tuesday, September 02, 2014:
McIntosh v. Kaulbach,
2014 BCCA 299
Court of Appeal
A trial judge made an order under the Divorce Act ordering a mother to relocate with the child of the marriage from Kelowna to Chetwynd where she had lived during a short marriage and where her ex-husband continued to reside. Appeal allowed. Having concluded that the child’s best interests were for the mother to have custody of the child and the father was not in a position to have custody, the judge erred in principle in ordering the mother to relocate.
Posted Thursday, August 28, 2014:
United States v. Savein,
2014 BCCA 290
Court of Appeal
The appellant appeals from the order committing him for extradition to the United States and applies for judicial review of the Minister’s decision surrendering him for extradition. He claims there was insufficient evidence to commit him for extradition, and the decision to surrender him was unreasonable because the Minister failed to consider the relevant factors in concluding that the appellant’s surrender would not violate his rights under s. 6(1) of the Charter of Rights and Freedoms and would not be unjust and oppressive in light of his personal circumstances.
Held: appeal and application for judicial review dismissed. The committal judge applied the correct test to the evidence in finding there was sufficient evidence from which a reasonable jury properly instructed could draw the necessary inferences to convict him of the offence with which he was charged. The Minister’s decision was not unreasonable. The appellant’s arguments on judicial review repeated the submissions made to the Minister, who considered those arguments in the context of the relevant legal principles, balancing the appellant’s personal circumstances with Canada’s international obligations.