Detention on tertiary ground in extradition context

Romania v. Alexa, 2010 ONCA 195 holds that detention on the tertiary ground, while rarely appropriate, is quite possible in the context of an extradition proceeding:

[13]         The applicant also placed significant reliance on comments made by Doherty J.A. at para. 12 of France v. Ouzghar, 95 O.R. (3d), 187 (C.A.), which was an application under s. 679 of the Criminal Code in an extradition proceeding for bail pending an application for leave to appeal to the Supreme Court of Canada:

In addressing the public interest, it is important to understand the purpose for which the applicant is in custody in Canada.  The only reason Canada has any cause to place him in custody is to facilitate his surrender to France.  The applicant will not be surrendered while his application for leave to appeal to the Supreme Court of Canada is outstanding.  It cannot be said to be in the public interest to hold the applicant in custody to facilitate his surrender when his surrender will not take place before the application for leave is decided.  Absent some substantive cause specific to the applicant to justify detention, the public interest considered in the context of an extradition proceeding is not served by incarceration that does not facilitate the applicant’s surrender to the requesting country. [Emphasis added.]

[14]         I do not read this passage from Ouzghar as suggesting that a person should not be detained on an application for bail in the extradition context where the tertiary ground under s. 515(10) of the Criminal Code is satisfied.  On the contrary, I read the emphasized passage as suggesting quite the opposite.