No Breach Of Human Rights If Extradited To Canada

A Canadian's assertion that his rights enshrined under Article 3 of the European Convention of Human Rights would be breached if extradited to Canada due to his medical condition has been rejected by the High Court Boulter v Secretary of State for the Home Department [2006] All ER (D) 112 (Aug).

The applicant was charged in Canada with fraud but he fled to the UK while on bail. His whereabouts became known to the Canadian prosecution authorities and they sought to extradite him back to the country.

However the applicant contested the extradition request on the grounds that the extradition would breach Article 3 due to his suffering from diabetes, a heart condition, high blood pressure, circulation problems, anxiety and depression.

Article 3 prohibits a country that has signed the European Convention of Human Rights, of which the UK has, from doing anything that will or will cause someone to be treated in a way that is inhuman or degrading.

However the High Court heard that there was no question that the applicant would not receive proper medical treatment in Canada and there were proper safeguards in the Canadian legal system to ensure that the applicant was not treated in a manner that would breach Article 3.

The case (a renewed application for judicial review) was dismissed on the basis that it had no reasonable prospect of success.

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