What jurisdiction does an extradition judge have to consider a constitutional challenge?
British Columbia, Canada
The following excerpt is from USA v. Fraser, 2014 BCSC 1641 (CanLII):
There is a limit on the extradition judge’s jurisdiction to consider constitutional challenges. The jurisdiction of the extradition judge does not extend to challenges to sections of the Act which are not engaged in the committal hearing process. In Italy v. Seifert, 2003 BCSC 1099, Romilly J. found that he did not have the jurisdiction to consider the constitutionality of s. 6 of the Act, dealing with retrospectivity, as that provision did not engage the role of the committal judge in the extradition process.
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