There are a variety of factors to be balanced in that situation but that is not the task in front of me. This is an extradition hearing. That means according to ss. 18 and 13 of the Act and the case law interpreting those sections, the test I apply is the same test as would justify the committal of the fugitive for trial if the crime had been committed in Canada. In applying that test, I must not forget that I apply the test, as s. 13 indicates, only “As nearly as may be”. The extradition hearing is analogous to a preliminary inquiry but not identical. The courts have consistently held that an extradition proceeding does not equate to the criminal trial process. (See Kindler v. Canada (Minister of Justice) (1991), 1991 CanLII 78 (SCC), 84 D.L.R. (4th) 438 (S.C.C.) at pp. 487 to 489 and Canada v. Schmidt, supra, at p. 515.)
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