Does a record of a criminal case need to include a summary of all the evidence available to the prosecution under section 33 of the Extradition Act?
British Columbia, Canada
The following excerpt is from U.S.A. v. Su Bin, 2015 BCSC 1586 (CanLII):
Further, as stated recently by Mr. Justice Ehrcke in United States of America v. Martin, 2014 BCSC 1112 at para. 41: Section 33 of the Extradition Act provides that the record of the case should include "a document summarizing the evidence available to the extradition partner for use in the prosecution." It is not required that the record of the case contain a complete and comprehensive statement of all the evidence. In particular, there is no requirement that the ROC describe how each witness knows the things to which he or she will testify.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What remedies are available within the extradition context, including the exclusion of evidence shown to have been gathered on Canadian soil in contravention of the Charter? (British Columbia, Canada)
Does section 25 of the Criminal Code provide a defence to both civil and criminal liability if the force was justified within the meaning of that section? (British Columbia, Canada)
What summary of evidence is admissible as evidence in an extradition hearing? (British Columbia, Canada)
What is the effect of section 12 of the Charter on a minimum sentence imposed under section 344(a) of the Criminal Code? (British Columbia, Canada)
What is the test for certifying the availability of evidence for extradition purposes? (British Columbia, Canada)
What is the test for excluding evidence from the evidence of a breach of section 8 of the Charter? (British Columbia, Canada)
Can defence counsel call evidence at a preliminary hearing under section 541 of the Criminal Code? (British Columbia, Canada)
Can statements made to doctors as recorded in clinical records qualify as business records? (British Columbia, Canada)
What is the effect of the seizure of a property by the Crown under section 462.34(4) of the Criminal Code of Canada for an alleged criminal enterprise crime offence? (British Columbia, Canada)
Does Section 15(5) of the BC Civil Code require a person not to commence, prosecute or defend a proceeding in any court, even without evidence of a fee, gain or reward? (British Columbia, Canada)
