Myung Soo Jung, et al. v. Attorney General of Canada on behalf of the Republic of Korea, et al.

(British Columbia) (Criminal) (By Leave)


Canadian Charter of Rights and Freedoms — Principles of fundamental justice — Administrative law — Extradition of person claiming refugee status — Extradition judge granting summary judgment and dismissing application to stay extradition proceedings for abuse of process — What are the appropriate threshold and onus in an extradition case for summary dismissal of an application to stay proceedings for abuse of process— Section 105(1) of Immigration and Refugee Protection Act suspending refugee claim when extradition proceedings commenced — Section 105(3) of Immigration and Refugee Protection Act deeming order to surrender to be a rejection of claim for refugee protection — Whether s. 105 violates s. 7 of the Charter such that it is of no force or effect?


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Mr. Jung, a Korean citizen, entered Canada with visitor status. After Canada Border Services Agency commenced investigating his admissibility, he claimed refugee status. The Republic of Korea applied to extradite Mr. Jung to complete one trial process on a charge of fraud and to commence a second trial on another charge of fraud. The committal judge dismissed an application by Mr. Jung to stay the extradition proceedings for abuse of process and committed Mr. Jung into custody. The Minister of Justice ordered Mr. Jung to be surrendered for extradition. The Court of Appeal dismissed an appeal from the committal order and an application for judicial review of the surrender decision.

Lower Court Rulings

October 7, 2021
Supreme Court of British Columbia

2021 BCSC 2055, 27360
Order committing applicant into custody
March 15, 2023
Court of Appeal for British Columbia (Vancouver)

2023 BCCA 113, CA47794
Appeal dismissed and application for judicial review dismissed