What is the test for committal in an extradition proceeding?
British Columbia, Canada
The following excerpt is from the Attorney General on behalf of the United States of America and, 2014 BCSC 1132 (CanLII):
The central issue for the extradition judge in those proceedings is whether to grant an order of committal. The test for committal has been described as whether there is some evidence upon which a reasonable jury, properly instructed, could reach a verdict of guilty: United States of America v. Ferras, 2006 SCC 33 at para. 9 [Ferras]. If satisfied that the test has been met, and that the person before the court is the person sought by the requesting state, the extradition judge issues an order for the committal of the person sought to await surrender. The matter then returns to the Minister of Justice to complete the executive stage of the process in which the Minister decides whether to order the person’s surrender to the requesting state.
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