UNITED STATES V.

BURNS, [2001]
S.C.R. 287

By James Choi
 OVERVIEW

-Glen Burns and Atif Rafay were

Canadian citizens wanted for
murder in Washington in 2001.
-They were living in BC, and the
United States asked the Canadian
government to extradite them back
to to the US for prosecution.
 THE CONFLICT

-Canada’s Prime Minister of

Justice was fine with their
extradition without assurances
that they wouldn’t be executed.
-Doing so would violate section 7
of the Charter, which guarantees
everyone right to life, liberty and
security, and that the death
penalty would never be brought
back.
 PUNISHMENT

-The supreme court decided to extradite

Rafay and Burns to Washington.
-The Prosecture in charge of this case
promised not to execute them because the
Canadian Justice Minister signed the papers
for their extradition.
-Rafay and Burns were both convicted of
aggravated murder and sentenced to three
consecutive life sentences with no
possibility of parole.
 SOURCES

• https://www.lawnow.org/whatever-happened-us-v-burns-extradition-death-
penalty/
• http://ojen.ca/wp-content/uploads/2016/11/Cases-That-Have-Changed-
Society.pdf