United States v Burns

Common card · No. 339437

United States v Burns [2001] 1 S.C.R. 283, 2001 SCC 7, was a decision by the Supreme Court of Canada that found that the extradition of individuals to countries in which they may face the death penalty is a breach of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms. The decision reached that conclusion by a discussion of evidence regarding the arbitrary nature of execution, although the Court did not go so far as to say that execution was also unconstitutional under section 12 of the Charter, which forbids cruel and unusual punishments. The case essentially overruled Kindler v Canada (Minister of Justice) (1991) and Reference Re Ng Extradition (1991). In Burns, the Supreme Court justices claimed to be considering different kinds of evidence.

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