283, 2001 SCC 7, was a decision by the Supreme Court of Canada that found that extradition of individuals to countries in which they may face the death penalty is a breach of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms.

After the investigation was complete, Burns and Rafay claimed their confessions were false, highly manipulated, and that jurors were biased by the media coverage of the crime.

The decision of the Court was unanimous and anonymously written, and held that extradition in this case, involving the risk of execution, would indeed be unconstitutional under the Charter.

While Burns might then be of little relevance to a section 12 debate if the Canadian government restored the death penalty in Canada, the Court did hint that execution "engages the underlying values of the prohibition against cruel and unusual punishment," noting its impossibility to correct (in cases of wrongful conviction) and its perceived arbitrary nature.

The applicability of section 7 was thus evident through the infringement of Burns and Rafay's right to life, liberty and security of the person, since "Their lives are potentially at risk."

These included that execution no longer existed in Canada itself, and the legal importance of this state of affairs was reinforced by 40 years of continuity.

The Court also acknowledged the "death row phenomenon" as a section 7 concern, noting the psychological stress that would be involved if one is sentenced to die.

The judgement noted that parliament abolished the last death penalty under Canadian law in 1998 with amendments to the National Defence Act.

"In his letter to the respondents, the Minister of Justice emphasized that 'in Canada, Parliament has decided that capital punishment is not an appropriate penalty for crimes committed here...'."

In balancing the arguments that this extradition could be compatible or contrary to fundamental justice, the Court concluded that many of the goals of the Crown could have been met even if Canada had requested that the US would not seek the death penalty.

In March 2001, less than a month after the ruling, Burns and Rafay were extradited to the United States with assurances from prosecutors handling the case that they would not seek the death penalty.

[10][11][12] Burns's family immediately began to fight to have the case overturned on appeal, alleging numerous problems with the investigation and improper rulings by the judge.