What jurisdiction does an extradition judge have at a committal hearing under the Extradition Act?
British Columbia, Canada
The following excerpt is from United States of America v. Licht, 2002 BCSC 1151 (CanLII):
The jurisdiction of an extradition judge at a committal hearing under the Extradition Act is modest and consists of determining whether there is sufficient evidence to establish a prima facie case (The Republic of Argentina v. Mellino (1987), 33 C.C.C. (3d) 334 at 349 (S.C.C.); United States of America v. Dynar (1997), 1997 CanLII 359 (SCC), 115 C.C.C. (3d) 481 at 521 (S.C.C.)). The judge must be aware that the proceedings must conform to Canada’s international obligations (Mellino, supra at 348). The standard of proof at the extradition hearing is the same as in a preliminary inquiry (United States of America v. Sheppard (1976), 1976 CanLII 8 (SCC), 30 C.C.C. (2d) 424 at 427 (S.C.C.)).
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