I am now going to qualify to a minor extent what I have just said. In my view there is a distinction between a fair trial and a fair extradition proceeding. A fair trial may have disclosure requirements, the right to cross examine and so on. In Republic of Argentina v. Mellino (1987), 33 C.C.C. (3d) 334 (S.C.C.) La Forest J. enunciated the policy behind resisting the importation of trial procedures into extradition hearings. At p.51 he stated: The assumption that the requesting state will give the fugitive a fair trial according to its laws underlies the whole theory and practice of extradition and our courts have over many years made it abundantly clear that an extradition judge should not give effect to any suggestion that the proceedings are oppressive or that the fugitive will not be given a fair trial or give proper weight to the evidence... As it is presumed that the accused will receive a fair trial in the Requesting State it is unnecessary, and in fact the extradition judge has no authority, to engage in any investigatory activity at the extradition hearing.
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