Hearing halts extradition of pair on way to India

VANCOUVER A defence lawyer says the extradition of two British Columbia residents to India to face murder charges was challenged in court because the federal justice minister’s decision to surrender the pair failed to consider new information.

Michael Klein said Surjit Singh Badesha and Malkit Kaur Sidhu were being escorted to India via Toronto on Thursday when the British Columbia Court of Appeal decided to halt their extradition.

“I’m told he’s on his way back to Vancouver,” Klein said Friday of his client Badesha, who, along with his sister, is accused of conspiracy in the murder of Sidhu’s daughter in June 2000.

An expedited hearing Thursday was sought after Klein and lawyer David Crossin, who represents Sidhu, learned “through happenstance” that Justice Minister Jody WilsonRaybould had surrendered the pair to Indian authorities, Klein said.

“I presume Mr. Crossin was making submissions in the court of appeal on behalf of both of them while they were in the air,” he said.

In 2014, an extradition judge committed the pair to face the charges in India.

In a 9-0 judgment earlier this month, the Supreme Court of Canada set aside a B.C. Court of Appeal ruling that stopped extradition proceedings over concerns that the mother and uncle would be poorly treated or even tortured in India.

The B.C. Appeal Court again halted the extradition on Thursday.

Speaking for the majority, Justice Ian Donald said in the 21 decision that the circumstances as outlined by Crossin “persuaded me that there is an arguable case, that the minister’s position ... constitutes a reviewable decision and, as such, is amenable to judicial review in their court under the Extradition Act.”

Justice Harvey M. Groberman dissented, saying the court lacked jurisdiction to hear the application for a judicial review.

A written ruling said a hearing on the application has been adjourned to a later date “so that a proper record can be constructed and counsel can put together their arguments to assist the court.”