What is the test for certifying the availability of evidence for extradition purposes?
British Columbia, Canada
The following excerpt is from United States of America v. Finn, 2014 BCSC 2353 (CanLII):
In certifying the availability of the evidence for trial, the requesting state is not required to prove that every source of evidence will attend as a witness at trial. The ultimate manner in which the evidence is tendered at trial is a matter for the requesting state and does not impact upon its availability for extradition purposes: United States of America v. Freimuth, 2004 BCSC 154 at paras. 37-39.
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