Is an extradition court a court of competent jurisdiction pursuant to s. 24 of the Charter and has the jurisdiction to grant Charter remedies?
British Columbia, Canada
The following excerpt is from USA v. Shull, Shull & Fiessel, 2003 BCSC 444 (CanLII):
As a result, an extradition court is now a court of competent jurisdiction pursuant to s. 24 of the Charter and has the jurisdiction to grant Charter remedies, including stays of proceeding and orders excluding evidence. Extradition judges are also courts of inherent jurisdiction: United States of America v. Dynar, 1997 CanLII 359 (SCC), [1997] 2 S.C.R. 462; United States of America v. Kwok, [2001] 1 S.C.R. 532, 2001 SCC 18; United States of America v. Cobb, [2001] 1 S.C.R. 587, 2001 SCC 19.
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