Department of Justice

ATTORNEY GENERAL OF CANADA SEEKS LEAVE
TO APPEAL TO THE SUPREME COURT OF CANADA

-- Anne McLellan, Minister of Justice and Attorney General of Canada, today announced that she is seeking leave to appeal the decision of the British Columbia Court of Appeal in the Burns and Rafay extradition case to the Supreme Court of Canada.

The Court of Appeal decided, on June 30, 1997, by a 2-1 majority, to overturn the former Justice Minister Allan Rock's July 12, 1996 decision to surrender the two accused, Mr. Burns and Mr. Rafay, without seeking assurances that the death penalty would not be imposed upon them or carried out if they were found guilty of the offences charged.

"The decision by the Court that the Minister of Justice must seek assurances that the death penalty will not be imposed in every case involving Canadian citizens being surrendered to a state where a death sentence is a possibility, may serve as a serious limitation on ministerial discretion," said Minister McLellan. "The national significance of this decision has led me to conclude that clarification from Canada's highest court is required."

The United States requested the extradition of Mr. Burns and Mr. Rafay, who are wanted in the State of Washington to stand trial on three charges of aggravated murder in the first degree. If convicted of such, the death penalty could be imposed.

Mr. Burns and Mr. Rafay appealed the ministerial decision in 1996. This application was heard by the British Columbia Court of Appeal on May 12 and 13,&nbsp1997.

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