Quebec woman's lawyer to file new appeal in extradition case
Ainslie MacLellan | CBC News | Posted: December 19, 2015 11:00 AM | Last Updated: December 19, 2015
The lawyer for a Quebec mother awaiting extradition to the United States on charges of interstate interference with a custody order is attempting an "extraordinary process" to keep her from being sent back.
The woman, known in court documents as "M", is in jail after the Supreme Court of Canada ruled 4-3 last Friday to uphold her extradition.
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She is wanted in the state of Georgia for bringing her three children to Canada, at a time when their father had sole custody.
But the children told Quebec child protection officials they ran away because their father was abusive.
"M" was later granted full custody by a Quebec court.
It is unusual for cases that have been heard in the Supreme Court of Canada to undergo a further appeal.
The woman's lawyer Marie-Hélène Giroux said though the Supreme Court already upheld "M's" extradition, it was a tight split, with even the majority judges stating that the previous justice minister did not have enough information to properly evaluate the best interests of the children.
Giroux said she intended to file an appeal Friday to obtain a stay of the eventual surrender order against her client, to give the new justice minister, Jody Wilson-Raybould, time to review the case.
"Now we are providing the minister with other information, [such as] psychological evaluations on the impact of the separation with the mother, on the children," said Giroux.
Giroux said it was unclear whether the appeal would fall under the jurisdiction of the Quebec Court of Appeal or Quebec Superior Court.
"M" said she started a hunger strike on Dec. 12, and will not eat until Wilson-Raybould reviews her extradition.
The lawyer said she would also push for "M's" release, so she could care for her children, two of whom are still minors.