Does the availability requirement for Canadian citizens to travel to the United States apply to US citizens who have travelled abroad?
British Columbia, Canada
The following excerpt is from United Mexican States v. Ortega, 2005 BCCA 270 (CanLII):
The appellants further argue that the availability requirement brings questions of foreign law into the committal process, a development said in United States of America v. Freimuth (2004), 183 C.C.C. (3d) 296, 2004 BCSC 154 at paras. 44 to 49, to be contrary to the rule (expressed in McVey v. United States of America, 1992 CanLII 48 (SCC), [1992] 3 S.C.R. 475 at 528, 77 C.C.C. (3d) 1 per La Forest J.) that the extradition judge is not to assess foreign law.
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