Does s. 11(b) of the Canadian Charter of Rights and Freedoms apply to an extradition hearing?
Canada (Federal), Canada
The following excerpt is from Argentina v. Mellino, [1987] 1 SCR 536, 1987 CanLII 49 (SCC):
41. As I discussed in Canada v. Schmidt, 1987 CanLII 48 (SCC), [1987] 1 S.C.R. 500, s. 11 of the Canadian Charter of Rights and Freedoms generally applies to the extradition hearing in so far as it would apply to a preliminary inquiry. In my view, s. 11(b) is one of the rights guaranteed by s. 11 which is applicable to a preliminary inquiry and an extradition hearing. The liberty and security of the person subjected to the extradition hearing are affected by the holding of a hearing, and the principles of fundamental justice require that that hearing be resolved in a speedy manner.
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