Citing the reasons of Allan J. in United States of America v. Shull, 2003 BCSC 444 at paras. 55-61, Finch C.J.B.C. agreed, at para. 93, that delay will only result in a stay of proceedings at the committal stage if it has rendered the extradition hearing unfair. Delay causing prejudice that does not relate to the extradition hearing itself, but is nonetheless oppressive and fundamentally unjust, properly falls to the Minister for consideration. He recognized that this division of responsibility may lead to inefficiencies, but concluded, at para. 94, that the division is “consistent with the limited Charter jurisdiction of the extradition judge.”
"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.