Extradition — Of national — Requested by Federal Republic of Germany — Treaty between Canada and Germany concerning Extradition, 1977 — Extradition of naturalized Canadian citizen — Alleged crimes committed during World War II in Lithuania under de facto control of Germany — Whether extradition of national compatible with individual’s right under Canadian Constitution to remain in Canada — Effect of lack of absolute reciprocity in the extradition of nationals — Extradition Act 1970

War and armed conflict — Belligerent occupation — War crimes — Geneva Conventions — World War II — Lithuania under German occupation — German Criminal Code and Code of Criminal Procedure applied — Crimes committed in area under de facto control of Germany during World War II — Federal Republic of Germany requesting extradition of naturalized Canadian citizen — Killing of Jews — Murder under the German Criminal Code — Treaty between Canada and Germany providing for extradition for offences committed within “territory” of demanding State — Whether crimes committed within “territory” of requesting State — Whether Germany had jurisdiction to seek extradition of fugitive — Geneva Conventions Act 1970 — War Crimes Act 1946

Territory — Occupied territory in time of war — Whether occupied territory part of the territory of the occupying State — Position of Lithuania under German occupation during World War II — Operation of Extradition Treaty between Canada and Germany permitting extradition for offences committed within “territory” of demanding State — Whether “territory” including area occupied and under de facto control of Germany during World War II — Whether Germany having jurisdiction to seek extradition of fugitive

Human rights — Right to remain in one’s own country — Whether reasonable limits justifiable in a free and democratic society — International Covenant on Civil and Political Rights, 1966 — Protocol 4 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950, Articles 2 and 3(1) — Extradition to Federal Republic of Germany for crimes allegedly committed in Lithuania during World War II — Whether infringement of the right to remain in Canada — Whether infringement a reasonable limit — Canadian Charter of Rights and Freedoms 1982, Sections1, 6(1) — The law of Canada