Does an extradition judge have inherent jurisdiction to consider Charter issues?
British Columbia, Canada
The following excerpt is from Korea v Jung, 2019 BCSC 199 (CanLII):
Extradition judges do not have inherent Charter jurisdiction: United States of America v. Whyte, 2016 ONCA 624 at para. 44. The jurisdiction of an extradition hearing judge to consider Charter issues stems from s. 25 of the Extradition Act, which states: For the purposes of the Constitution Act, 1982, a judge has, with respect to the functions that the judge is required to perform in applying this Act, the same competence that that judge possesses by virtue of being a superior court judge.
Accordingly, an extradition judge has jurisdiction to apply the Charter and grant Charter remedies, including a stay of proceedings. This jurisdiction is limited to Charter breaches which pertain directly to the circumscribed issues relevant to the committal stage: United States of America v. Cobb, 2001 SCC 19 [Cobb] at para. 26.
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