Does an extradition judge have jurisdiction to determine the running of sentences and limitation periods under s. 29 of the Criminal Code?

British Columbia, Canada


The following excerpt is from Attorney General of Canada on behalf of the Czech Republic v. Ganis, 2006 BCCA 542 (CanLII):

As noted by Satanove J., this approach is consistent with the prevailing judicial authority on the lack of jurisdiction for an extradition judge to determine questions of foreign law: see United States of America v. McVey, 1992 CanLII 48 (SCC), [1992] 3 S.C.R. 475. Questions as to the running of sentences and limitation periods are matters of foreign law, for the Minister’s determination alone. This also answers the appellant’s argument that there was insufficient evidence of his unlawfully at large status to justify committal on that conviction. Satanove J. found that there was ‘ample evidence’ to establish that his term of imprisonment had not expired when he returned to prison, and she was entitled to make that finding under s. 29 of the Act without considering issues of foreign law.

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