What is the scope of an extradition application under s. 18(7) of the Criminal Code of Canada for refusing to comply with a court order?
British Columbia, Canada
The following excerpt is from Mutual Legal Assistance Act and U.S.A and Stuckey et al, 2005 BCSC 1764 (CanLII):
There was also some discussion of whether, and if so, how, the court should consider allegations of foreign law made in the various materials submitted in the application. In the extradition context, it is well-settled that it is not the function of the extradition judge to receive or consider foreign law: McVey v. United States of America (1992), 1992 CanLII 48 (SCC), 77 C.C.C. (3d) 1 at 39 (S.C.C.). The Act provides for consideration of foreign law in the narrow context of grounds for refusal to comply with a court order under s. 18(7).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for refusing to entertain an application because the applicant is in violation of a court order? (British Columbia, Canada)
What is the test for contempt of court for refusing to comply with an order for payment of a debt? (British Columbia, Canada)
In what circumstances will the husband be ordered to pay costs to the wife for his failure to comply with the rules of court and order the wife to pay solicitor and client costs? (British Columbia, Canada)
Can a court order a charging order against costs of a contempt application? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
Can a court order costs against a petitioner who is unsuccessful in his application for a review of a police officer's decision to prohibit him from driving for 24 hours pursuant to section 215(3) of the Criminal Code? (British Columbia, Canada)
Does a finding of contempt based on a failure to obey a court order result in the application being subsumed into the contempt order? (British Columbia, Canada)
What is the effect of s. 52(1) of the Criminal Code of Canada's Criminal Code when a court issues a declaration of invalidity? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
In what circumstances will the Supreme Court of Canada order an order to demolish or demolish a building that was being built without planning permission? (British Columbia, Canada)
