What is the test for admitting or denying evidence in an extradition hearing?

British Columbia, Canada


The following excerpt is from United States v Jawanda, 2009 BCSC 1974 (CanLII):

As stated in United States of America v. Anekwu, 2008 BCCA 138, a resolution of evidentiary issues begins with a proper interpretation of s. 32 of the Act. Section 32 provides: (1) Subject to subsection (2), evidence that would otherwise be admissible under Canadian law shall be admitted as evidence at an extradition hearing. The following shall also be admitted as evidence, even if it would not otherwise be admissible under Canadian law: (a) the contents of the documents contained in the record of the case certified under subsection 33(3); (b) the contents of the documents that are submitted in conformity with the terms of an extradition agreement; and (c) evidence adduced by the person sought for extradition that is relevant to the tests set out in subsection 29(1) if the judge considers it reliable. (2) Evidence gathered in Canada must satisfy the rules of evidence under Canadian law in order to be admitted.

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