What is the role of a judge in determining whether foreign officials have prepared the evidence for the extradition hearing?
Ontario, Canada
The following excerpt is from United States of America v. Jones, 2022 ONSC 11 (CanLII):
It is not the function of the extradition judge to consider the means by which the foreign officials may have prepared the evidence for the extradition hearing. Nor is it the judge's function to weigh the ultimate issue as to the effect of any delay on the trial in the jurisdiction of the extradition partner. Nor is it open to the extradition judge to consider the application of any defences that might be raised at trial by the person sought: see Argentina v. Mellino, 1987 CanLII 49 (SCC), [1987] 1 S.C.R. 536, at paras. 28-38; United States of America v. Lépine, 1994 CanLII 116 (SCC), [1994] 1 S.C.R. 286, at paras.10 and 20.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can Canadian officials speak to foreign officials about the delay in an extradition request? (Ontario, Canada)
In determining whether an employer has led sufficient evidence to give rise to a practical evidentiary burden, what is the test for this type of evidence? (Ontario, Canada)
In what circumstances will the respondent in an extradition hearing be required to summarize the evidence before granting him an evidentiary hearing? (Ontario, Canada)
In an extradition hearing, in what circumstances will the fugitive be bound by common law exclusionary rules as they apply to foreign evidence? (Ontario, Canada)
What considerations must be considered in determining the disposition of a hearing officer’s finding that the penalty imposed by the hearing officer was excessive? (Ontario, Canada)
What is the duty of the trial judge in a libel case to determine whether or not the words spoken are susceptible to the innuendo? (Ontario, Canada)
What is the legal test used to determine whether an application has a reasonable prospect of success following a summary hearing? (Ontario, Canada)
What is the test for determining whether a defendant’s jurisdiction has to be determined by the Court of Appeal? (Ontario, Canada)
What is the test for determining whether there is a real and substantial connection between the litigation and the foreign defendants? (Ontario, Canada)
What is the test for determining whether a judge has medical expertise? (Ontario, Canada)
