In what circumstances will a court order an unsworn witness report to be extradited from the United States?
British Columbia, Canada
The following excerpt is from United Mexican States v. Ortega, 2005 BCCA 270 (CanLII):
In United States of America v. Yang, supra, in which extradition was sought on a record of the case, it was argued that to admit unreliable, unsworn evidence would violate the guarantee of fundamental justice under s. 7 of the Charter. The court held that the principles of fundamental justice do not require that extradition be based upon sworn first-hand witness statements. In remarks that are apposite in this context, Rosenberg J.A., writing for the court, said,
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