Does the court have jurisdiction to stay or grant remedies for breach of s. 7 of the Charter where the principles of fundamental justice have been infringed?
British Columbia, Canada
The following excerpt is from United Kingdom v. Tarantino, 2003 BCSC 1134 (CanLII):
It is well established that the court, on an extradition hearing, has the jurisdiction to stay the proceedings as an abuse of process and grant remedies for breach of s. 7 of the Charter where the principles of fundamental justice have been infringed: Idziak v. Canada, 1992 CanLII 51 (SCC), [1992] 3 S.C.R. 631. This safeguard is important, given the power and deference the certification process gives to the word of a foreign government official: U.S.A. v. Dynar.
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