Thank you, Mr. Chairman.
Mr. Comartin, basically, when the act or the jurisprudence refers to a political discretion as opposed to.... Then it is no longer under the control of the courts; it is in the hands of the minister. The statute still plays a very big role, and the surrender order must be executed by the minister within 45 days of the judicial decision to commit the fugitive. There is no authority, under the treaty or the act, by which the minister can suspend the execution of that surrender order. If the surrender order is not executed, the fugitive is free to apply for a discharge and the extradition process fails.
There are two limited exceptions to that. The first is where the fugitive is facing outstanding criminal charges in Canada or where there is an appeal with respect to the committal order.
There is some language being used in the media, if I may, with respect to a temporary surrender. It is true that there is a capacity to have a temporary surrender, but that is only when the fugitive is serving a sentence in Canada for a criminal offence.
So while we've not had the benefit of the advice that that committee has received, certainly under what we see as the limited discretion available to the minister under the act, we would want to look at that advice.