What considerations apply to each stage or phase of an extradition proceeding?
Ontario, Canada
The following excerpt is from Germany (Federal Republic) v. Schreiber, 2001 CanLII 28400 (ON SC):
See United States of America v. Dynar, supra, at p. 520 C.C.C., per Cory and Iacobucci JJ. Different considerations apply to each stage or phase. Similarly, there are different decision‑makers. In the first, it is a judge of the “court”, as defined in s. 2 of the Act. In the second, it is the “Minister”, the Minister of Justice. Neither makes the other’s decisions. Neither reviews the others decisions. The common review authority, albeit on discrete bases, is the provincial court of appeal. On appeals from judicial decisions to commit or discharge the person sought, the court of appeal has the authority to receive evidence not admitted on the hearing. See Extradition Act, s. 52(1) and Criminal Code, s. 683.
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