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Case Facts The defendants Glen Sebastian Burns and Atif Ahmad Rafay were accused to have committed aggravated first degree murder in Washington State In a confession to an undercover RCMP officer in British Columbia posing as a mob boss it is clamed that Burns was a contract killer hired by Rafay to kill his parents so that Rafay could get insurance money for their deaths It is claimed that Burns beat the victims with a baseball bat while Rafay watched para10 They threw their cloths away and took a bath to wash away the blood The accused claim that the alleged confession was a lie to gain the confidence of who they thought was a Mob Boss para11 They were to be extradited to the United States where if convicted could face the death penalty The defendants appealed the extradition to the Minster of Justice Burns argument and Ministers Findings The accused claimed to the Minister that their section 61 right to remain and return to Canada charter rights would be violated if they were extradited and that as a result the Minister should consider if the defendants could be tried in Canada para16 The respondents also claimed section 7 fundamental justice and section 12 cruel and unusual punishment of the charter would be violated if extradited The appellants differentiated their case from R v Kindler and Ng because they were Canadian citizens while Kindler and Ng were not They claimed that Canada does not have the right to send its citizens away with the possibility of never returning contrary to 61 of the charter para17 The respondents also claim that their age at the time of the alleged offences 18 should be taken into consideration The Minister rejected the claim of banishment because the purpose of the treaty was to allow criminals to face criminal proceedings and once proceedings have been finished the respondents could return to Canada para19 He also rejected
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