Sharif Rahman Case: What to Expect as Extradition Hearings Resume in Scotland
A Scottish court will revisit Canada’s bid to extradite Robert Evans, charged with manslaughter, and two others; defence lawyers argue Canadian prison conditions breach human rights.
A Scottish court will convene again on May 22 for preliminary hearings in the extradition proceedings against three men wanted in connection with the 2023 death of Sharif Rahman, a restaurant owner in Owen Sound.
The three accused — Robert Evans, 24, his father Robert Busby Evans, 47, and his uncle Barry Evans, 54 — were arrested in Scotland in 2024 on international warrants issued by Canadian authorities.
Each faces charges in Ontario: Robert Evans Jr. is accused of manslaughter, while the elder Evanses are charged with accessory after the fact to commit an indictable offence.
All three remain in custody in Scotland and have indicated through their lawyers that they intend to fight extradition.
The court has already held preliminary hearings in the case. As first reported by The Times on April 7, the defence has begun building its opposition around a human rights argument; specifically, that prison conditions in Canada are so poor that extradition would violate European human rights protections.
At the April hearing, lawyers for the accused raised concerns about overcrowding and access to healthcare in Ontario jails. They cited a recent Strep A outbreak that reportedly led to two inmate deaths and claimed that some facilities have offered sentence reductions of up to 60% to compensate for conditions.
In response, the court asked prosecutors to request information and assurances from Canadian authorities regarding where the men would be held if extradited, and under what conditions.
What Will Happen at the May 22 Hearing?
The May 22 hearing is categorized as another preliminary hearing. These are typically focused on procedural matters.
While the specifics of this additional hearing have not been publicly disclosed, it’s expected to follow up on the prison conditions issue and clarify what evidence and assurances will be available by the time the full extradition hearing is held on August 14, 2025.
Preliminary extradition hearings in the UK serve several purposes: confirming the identity of the accused, outlining their legal rights, recording whether they consent to extradition, and setting timelines for the main hearing.
While those steps were likely covered in April, this upcoming session may allow the court to address any outstanding disclosure or expert evidence related to the human rights argument. Bail may also be revisited, though it is commonly opposed in extradition cases.
What Will Be Decided in August?
The August 14 hearing will be the key legal test for Canada’s extradition request. It’s at this full hearing that the court will assess the evidence and arguments in detail.
For extradition to proceed, the judge must be satisfied that the alleged conduct would be criminal under both UK and Canadian law, a principle known as dual criminality.
The court will also consider whether any of the statutory bars to extradition apply, such as whether prosecution is possible in the UK instead (the forum bar), or whether extradition would be incompatible with the men’s human rights under UK and European law.
As mentioned, the defence is expected to argue that extradition should be denied on human rights grounds, focusing on conditions in Canadian detention facilities. Whether or not this argument will stand until the August hearing remains to be seen on May 22.
If the court orders extradition, the men would be handed over to Canadian authorities following final approval by the UK Home Secretary, which is a typical procedural step. The accused would then face legal proceedings in Ontario.
If the court refuses extradition, the men will remain in the UK — and they will not automatically face prosecution there.
For a UK trial to occur, domestic law enforcement would have to initiate a new investigation, determine whether charges are appropriate under UK law, and proceed independently.
That process is discretionary and rarely triggered by an extradition denial alone.
Despite extensive searching, The Owen Sound Current could not locate an example of case law, government reports, or academic analyses showing a foreign court or government denying extradition to Canada solely because of Canadian prison conditions.
If such a case existed, one would expect to see references in extradition law commentary or major legal decisions. The main grounds cited by other countries for refusing extradition to Canada have included legal barriers such as the nationality of the accused (for example, France refusing to extradite its own citizens), the passage of time since the alleged offence, or the absence of an extradition treaty.
Sharif Rahman’s Legacy and the Road to Justice
The legal proceedings underway in Edinburgh are the latest chapter in a case that began on August 17, 2023, in Owen Sound, Ontario. That evening, a dispute over an unpaid restaurant bill escalated into a violent altercation outside The Curry House, the downtown restaurant owned by Rahman.
The 44-year-old father and business owner was found unconscious on the street and died one week later in hospital.
Rahman, originally from Bangladesh, had become a well-known figure in the community. The incident prompted widespread public grief and a fundraising campaign that raised more than $250,000 CAD for his family.
Surveillance footage and images of a suspect and vehicle were released by Ontario Provincial Police following the incident, but investigators have disclosed little about how the three men were identified or located.
The OPP confirmed in 2024 that international warrants were issued and that arrests were later made in Scotland. The accused were reportedly visiting Canada at the time of the altercation and had left the country shortly afterward.
For the Owen Sound community, which has rallied around Rahman’s family since his death, the coming hearings represent more than just legal proceedings. They are a step toward accountability.
As the case moves forward in a courtroom far from where the events took place, many here continue to honour Rahman’s memory as a devoted husband, father, and community builder. What happens next in Scotland will be watched closely by those still seeking answers — and justice — at home.
