In Burns, the Supreme Court found extraditing people to countries in which they might face the death penalty breached fundamental justice under the Charter.

As of March 2022[update], official California Department of Corrections and Rehabilitation records show Ng still waits on death row,[4] where no executions have taken place since 2006.

Charles Chi-Tat Ng was wanted by the State of California on multiple counts of murder, kidnapping, and burglary, for which he potentially faced the death penalty.

There were two majority opinions in the case, written by Gérard La Forest and Beverley McLachlin, with Claire L'Heureux-Dubé and Charles Gonthier concurring with both.

Cory concluded that without any assurance from the United States against imposing the death sentence, there would be a clear violation of s.12 of the Charter, which could not be saved under s.1.