What is the test for interpreting ss. 32 and 33 of the Charter in the extradition context?
British Columbia, Canada
The following excerpt is from AG of Canada v. Artes-Roy, 2005 BCSC 1686 (CanLII):
In other words, the court must interpret ss. 32 and 33 in the extradition context when considering their potential impact on s. 7 Charter rights. This means, having regard to the principles of reciprocity, comity and respect for differences in legal systems of extradition partners: Kindler v. Canada (Minister of Justice) (1991), 1991 CanLII 78 (SCC), 67 C.C.C. (3d) 1 at 51, 84 D.L.R. (4th) 438 (S.C.C.).
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