The Supreme Court of Canada says Leon Mugesera helped incite the slaughter of 800,000 Tutsis and moderate Hutus in Rwanda in 1994 and should be sent home to face trial.

But Justice Minister Irwin Cotler says Canada will not order Mugesera extradited unless it gets a binding assurance he will not be executed if convicted of the crimes.

Last month, Rwandan authorities said they would forgo the death penalty in Mugesera's case. His lawyer in Canada, Guy Bertrand, argued that sending him back would lead to his execution.

Leon Mugesera
Leon Mugesera

Cotler says Mugesera can still appeal to the immigration minister to remain in Canada on humanitarian or compassionate grounds.

Mugesera has lived in Quebec for more than a decade.