Is an extradition judge a court of competent jurisdiction for purposes of s. 24 of the Charter of Rights and Freedoms?
Canada (Federal), Canada
The following excerpt is from United States v. Allard, [1987] 1 SCR 564, 1987 CanLII 50 (SCC):
23. I also agree with my colleague that an extradition judge is not normally a court of competent jurisdiction for purposes of s. 24(1) of the Canadian Charter of Rights and Freedoms. But where as here and as in Argentina v. Mellino, 1987 CanLII 49 (SCC), [1987] 1 S.C.R 536, the extradition judge is a superior court judge, then the s. 24(1) application may be made to him.
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