Department of Justice

MINISTER OF JUSTICE ORDERS SURRENDER OF DENNIS HURLEY TO MEXICO

OTTAWA, February 27, 1996 -- The Minister of Justice and Attorney General of Canada, Allan Rock, has ordered the surrender of Dennis Hurley to Mexico. The surrender will only take place, however, provided Mexico agrees, in writing and in advance, to honour four conditions that are intended to ensure his fair treatment in that country. The conditions will, among other things, provide ways for Canada to determine at all times that Mr. Hurley is being treated properly, and ensure that his trial will take place without delay.

Mr. Hurley is wanted to stand trial for the 1993 murder of Murray Haigh, who shared an apartment with Mr. Hurley in San Miguel, Mexico. By order dated the 23rd day of May, 1995, the Honourable Mr. Justice Ewaschuk of the Ontario Court of Justice, General Division, determined that the evidence presented by Mexico was sufficient to justify the issuance of a warrant to commit Mr. Hurley for extradition.

"I have carefully examined all the submissions made on behalf of Mr. Hurley and concluded that extradition is justified. However, in light of the particular circumstances of Mr. Hurley's case, I am imposing certain conditions to ensure that authorities in Mexico understand the importance that Canada attaches to Mr. Hurley's situation," said Minister Rock.

Conditions of this kind, and the requirement that written assurances be received by the extraditing country in advance, is an unprecedented step. Mr. Rock has asked the Honourable Lloyd Axworthy, Canada's Minister of Foreign Affairs, to obtain the a ssurances from Mexico.

Canadian law does not confer jurisdiction on Canada to try Mr. Hurley in this country for the alleged offence. Although such a law could theoretically be passed, there would be significant practical and logistic impediments to overcome, including the task of securing the attendance of witnesses who reside in Mexico. The practical result is that if Mr. Hurley is not extradited, he will not be tried at all for the alleged offence.

The conditions of surrender are that Mexico:

€ take all reasonable measures to ensure Mr. Hurley's safety while in detention in Mexico;

€ ensure that Mr. Hurley's counsel and Canadian Embassy officials will be permitted to visit Mr. Hurley in detention at any reasonable time;

€ ensure that Mr. Hurley will be permitted to communicate with his counsel and Canadian Embassy officials at any reasonable time; and,

€ make its best efforts to ensure that Mr. Hurley is brought to trial and that the trial be completed expeditiously, and that any other applications or requests, including a request for bail, be heard expeditiously.

"I am satisfied that Mr. Hurley's legal rights are adequately protected under the terms of the extradition treaty with Mexico. The additional conditions upon which I am insisting are intended to address any remaining concerns about Mr. Hurley's surrender to Mexico. Surrender will only take place on acceptance by Mexico of the conditions," said Minister Rock.

If convicted in Mexico, Mr. Hurley can apply for transfer to Canada to serve his sentence, under the terms of the Transfer of Offenders Treaty between Canada and Mexico.

Mr. Hurley now has 30 days to seek a judicial review of the Minister's decision by the Ontario Court of Appeal. Either party in the case could then apply for leave to appeal that Court's decision to the Supreme Court of Canada.

Ref.:     Jennifer Lang               William Corbett
          Minister's Office           Department of Justice
          (613) 992-4621              (613) 957-4765