What is the basis to interfere with an extradition judge’s decision?
Ontario, Canada
The following excerpt is from United States v. Ebanks, 2019 ONCA 390 (CanLII):
We find no basis to interfere with the extradition judge’s decision. Whether or not the statement was actually made is an issue for a trial. As for the place where the evidence was gathered, several courts have found that information obtained by telephone where the call is made, as here, by a police officer located in the United States to a person located in Canada, for the purpose of an American investigation, is gathered where the officer is located: see e.g. United States of America v. Dynar, 1997 CanLII 359 (SCC), [1997] 2 S.C.R. 462, at para. 136. As a result, the evidence did not have to meet Canadian requirements for admissibility and was properly relied on by the extradition judge as constituting admissible evidence justifying committal for trial in Canada, had the offence occurred in Canada.
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