In what circumstances will a judge order the production of materials relevant to a Charter challenge?
Ontario, Canada
The following excerpt is from United States of America v Amadi, 2017 ONSC 3446 (CanLII):
Similarly in United States v. Kwok, Arbour J. wrote that the extradition judge may order the production of materials relevant to a Charter challenge “when it is expedient to do so, including …when there is at least an air of reality to the Charter claims.”[7]
The Court of Appeal for Ontario in United States v. Larosa[8] articulated a three-step approach to the air of reality test for disclosure in the extradition context: (1) the allegations must be capable of supporting the remedy sought; (2) there must be an air of reality to the allegations; and (3) it must be likely that the documents sought and the testimony sought would be relevant to the allegations.
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