What is the applicable standard of review for a motion under section 28 and 29 of the Criminal Code?
Canada (Federal), Canada
The following excerpt is from Buckley v. Buhlman, 2012 FCA 9 (CanLII):
Neither of the parties discussed the applicable standard of review. The issue is a question of law involving the interpretation of sections 28 and 29 of the Act in light of the 1976 Convention. The issue is therefore subject to review on a standard of correctness (Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, at paragraph 8). Analysis
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