What is the current state of the law in the United States in relation to disclosure to the Canadian authorities regarding Charter of Rights and Freedoms?
British Columbia, Canada
The following excerpt is from United States of America v Sheck, 2017 BCSC 851 (CanLII):
An extradition judge may order additional disclosure relating to a possible Charter claim by the person sought only if the person sought first establishes at least an “air of reality” to the suggestion of a Canadian Charter of Rights and Freedoms violation: Dynar at para. 141; United States of America v. Kwok, 2001 SCC 18 at para. 106.
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