What is the test for establishing that an extradition hearing is a trial by jury?
British Columbia, Canada
The following excerpt is from Waddell v. R., 1996 CanLII 3256 (BC SC):
9 I find that this submission has no merit whatsoever. The Extradition Act does not contemplate any trial, much less a trial by jury. The extradition hearing is not a trial. The "modest but critical" function of the extradition judge is simply to determine whether there is prima facie evidence that the fugitive has committed an act against the law of the requesting state that would constitute a crime if it had been committed in Canada: (Re McVey v. U.S.A. (1992) 1992 CanLII 48 (SCC), 3 S.C.R. 475; Republic of Argentina v. Mellino (1987) 1987 CanLII 49 (SCC), 1 S.C.R. 536, 33 C.C.C. (3d) 334; Schmidt v. The Queen, 1987 CanLII 48 (SCC), 33 C.C.C. (3d) 193).
"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
Can a summary trial judge make a finding that a matter is not suitable for disposition by way of summary trial during the hearing of the summary trial? (British Columbia, Canada)
What is the test for bringing a jury trial after the expiry of a notice of trial? (British Columbia, Canada)
Can the Court of Appeal overturn a finding that a jury found a jury's verdict unreasonable and order a new trial? (British Columbia, Canada)
What is the test for a jury to determine whether a jury can be relied on in a trial? (British Columbia, Canada)
What is the test for a jury trial by jury? (British Columbia, Canada)
What is the substantive right of a trial judge to discharge the jury and complete the trial himself? (British Columbia, Canada)
Does objection to an observation by a judge at a jury trial in a murder case have any effect on the outcome of the trial? (British Columbia, Canada)
What jurisdiction does an extradition judge have at a committal hearing under the Extradition Act? (British Columbia, Canada)
What is the test for an application to re-open a trial to establish a fact not in existence at the close of trial? (British Columbia, Canada)
Can a party opt out of a trial by jury if they complete their election by jury? (British Columbia, Canada)
