What is the standard of disclosure required by a judge at an extradition hearing?
British Columbia, Canada
The following excerpt is from United States v. Costanzo, 2009 BCCA 120 (CanLII):
Because of the limited scope of an extradition hearing, the person sought for extradition is not entitled to the same level of disclosure as a person charged with a domestic criminal offence in Canada. Rather, as set out in United States of America v. Kwok, 2001 SCC 18, [2001] 1 S.C.R. 532 at paras. 97-101, the person sought is only entitled to disclosure of: a) those materials upon which the requesting state seeks to rely to establish a prima facie case for committal; and, b) those materials relevant to a Charter issue that is properly justiciable before the extradition judge and to which there is an “air of reality”.
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