What is the difference between the extradition process and the criminal trial process?
British Columbia, Canada
The following excerpt is from The United States of America v. Akrami and Lessan et al, 2001 BCSC 165 (CanLII):
This is so because extradition is founded on different concepts than those which obtain in domestic proceedings. As McLachlin J. stated in Kindler v. Canada (1991), 1991 CanLII 78 (SCC), 6 C.R.R. (2d) 193 (S.C.C.) at p. 210: While the extradition process is an important part of our system of criminal justice, it would be wrong to equate it to the criminal trial process. It differs from the criminal process in purpose and procedure and, most important, in the factors which render it fair. Extradition procedure, unlike the criminal procedure, is founded on the concepts of reciprocity, comity and respect for differences in other jurisdictions. This unique foundation means that the law of extradition must accommodate many factors foreign to our internal criminal law. While our conceptions of what constitutes a fair criminal law are important to the process of extradition, they are necessarily tempered by other considerations. VII. COMPLEXITY OF THE REMAINING PORTION OF THESE EXTRADITION PROCEEDINGS
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