-Caveat Lector-

Thursday February 15 10:42 AM EST

Canada Bars Extradition to U.S. for Death Penalty
By Randall Palmer

OTTAWA (Reuters) - The Supreme Court of Canada on Thursday barred the
extradition of two murder suspects to the United States unless Ottawa won
assurances they would not face the death penalty, which has been abolished in
Canada.


The 9-0 decision effectively overturned a 1991 ruling that allowed the
extradition of two U.S. murder suspects. The court said arguments have since
then grown stronger against sending people away to face possible execution.


"Canada is now abolitionist for all crimes, even those in the military field.
The international trend against the death penalty has become clearer," it
said, adding that there were also "hard-headed concerns about wrongful
convictions."


In the present case, Atif Rafay and Sebastian Burns, both Canadians, were
arrested in British Columbia in 1995, a year after Rafay's parents and sister
were bludgeoned to death in neighboring Washington state.


The two men, then 18 and now 25, had told an undercover agent that they had
carried out the murders with a baseball bat to obtain the proceeds of the
family home and life insurance, about $400,000.


The court agreed with the characterization in 1996 by Canada's then-justice
minister, Allan Rock, of the crimes as "brutal and shocking coldblooded
murder."


Rock agreed at the time that they should be surrendered without seeking
assurances from Washington state that prosecutors would not seek the death
penalty. He said Canada could not become a safe haven for murderers.


It was a case in which the U.S. legal system ran up against Canada's often
more liberal values. Amnesty International and the Italian Senate had
intervened to urge the pair not face execution.

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