What is the test for a delay application?
British Columbia, Canada
The following excerpt is from USA v. Hyde, 2016 BCSC 346 (CanLII):
In the Republic of Poland v. Grynia, 2013 BCSC 1203, Mr. Justice Davies dealt with the delay application. I find his discussion of the matter quite instructive:
Section 25 of the Extradition Act allows an extradition judge to consider Charter issues that are directly related to committal proceedings. The burden of proving a Charter breach is on the person who alleges it. See: United States of America v. Anekwu, 2009 SCC 41 [Anekwu] at para. 29.
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