Can an extradition judge stay the extradition proceedings against the person sought on the grounds of abuse of process?

In some exceptional circumstances, an extradition judge may stay the extradition proceedings against the person sought on the basis of an abuse of process, where the impugned conduct of the foreign state taints the integrity of the extradition court. The fact that the executive may have the statutory jurisdiction to refuse to issue a surrender order for this same reason does not deprive the extradition court of the jurisdiction to protect its own integrity by staying proceedings on the ground of abuse of process: see United States of America v. Khadr, 2011 ONCA 358, 106 O.R. (3d) 449 at paras. 31-52, leave to appeal refused, [2011] S.C.C.A. No. 316.