In United States of America v. Asielgbu, [2008] B.C.J. 2437, at para. 21 the British Columbia Court of Appeal explained that there are two parts to the identification issue under s. 29 of the Act, each with a differing burden of proof: On a plain reading of s. 29 of the Extradition Act, there are two issues of identification in an extradition proceeding: one, is the person named in the ROC the person who committed the alleged conduct; two, is the person named in the ROC the person before the court? As noted, the extradition judge expressed these issues at para. 3 as follows: …There [are] two aspects of the identify issue. They are: 1. that there be prima facie evidence that the person sought is the person who committed the acts alleged; and 2. that there be evidence proving on the balance of probabilities that the person before the court is the person sought by the requesting state. …The lower threshold of a prima facie case derives from the fact the requesting state must establish a case on which a jury reasonably instructed might convict”. [Emphasis added]
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