Can the Minister of Justice of Canada request additional disclosure from a foreign state on an extradition application?
British Columbia, Canada
The following excerpt is from the Attorney General on behalf of the United States of America and, 2014 BCSC 1132 (CanLII):
The type of disclosure orders an extradition judge can make on a Larosa application are constrained by the principle of comity and respect for the sovereign equality of nations. The court does not have the jurisdiction to order a foreign state to provide additional disclosure: U.S.A. v. Ibrahim, 2011 BCSC 357 at para. 21 [Ibrahim]; United States of America v. Kerfoot, 2013 BCSC 538 at para. 7 [Kerfoot I]). There appear, however, to be conflicting authorities on whether the court has the ability to order the Minister of Justice to request additional disclosure from the foreign state, as will be discussed below.
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