What is the basis for a motion to admit fresh evidence in an extradition hearing?
Ontario, Canada
The following excerpt is from France v. Diab, 2014 ONCA 374 (CanLII):
The appellant does not argue that the extradition judge erred in refusing his request for a further adjournment to permit him to obtain further evidence. Rather, he brings this motion to admit the evidence subsequently obtained as fresh evidence. He submits that this proposed fresh evidence meets the four criteria in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759, for the admission of fresh evidence.
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