Does extradition to the United States infringe mobility rights pursuant to s. 6 of the Charter of Rights and Freedoms?
British Columbia, Canada
The following excerpt is from Lau v. State of Australia and Canada, 2005 BCSC 1021 (CanLII):
In United States of America v. Cotroni, 1989 CanLII 106 (SCC), [1989] 1 S.C.R. 1469, the court held that extradition infringed mobility rights pursuant to s. 6 of the Charter of Rights and Freedoms, but was a reasonable limit within the meaning of s. 1 of the Charter.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the current state of the law in the United States in relation to disclosure to the Canadian authorities regarding Charter of Rights and Freedoms? (British Columbia, Canada)
Does extradition to the United States violate s. 6(1) of the Charter of Rights and Freedoms? (British Columbia, Canada)
Does extradition to the United States violate the Charter right of Canadian citizens to remain in Canada? (British Columbia, Canada)
Does the Adjudicator's failure to consider video evidence deprive the petitioner of his right to make full answer and defence as guaranteed by s. 7 of the Charter of Rights and Freedoms? (British Columbia, Canada)
Is an extradition court a court of competent jurisdiction pursuant to s. 24 of the Charter and has the jurisdiction to grant Charter remedies? (British Columbia, Canada)
When will the Court of Justice LaForme be able to continue to uphold the Charter of Canada's Charter of Human Rights? (British Columbia, Canada)
What is the test for refusing to extradite an alleged serial killer to the United States? (British Columbia, Canada)
How have courts in the United States dealt with the issue of threats of imprisonment if a co-accused refuses to waive extradition? (British Columbia, Canada)
In what circumstances will the Minister of Justice consider the risk of prosecution or potential punishment in deciding whether to grant an extradition request from the United States? (British Columbia, Canada)
In what circumstances will the accused be successful in his defence against extradition to the United States under s. 29(1) of the Criminal Code? (British Columbia, Canada)
