What is the test for a stay of proceedings in a motion to extradite an alleged terrorist?
British Columbia, Canada
The following excerpt is from United States of America v. Welch, 2007 BCSC 1890 (CanLII):
In Tarantino, supra, Justice Stromberg-Stein found that there was cogent evidence that the conduct of the requesting state fell so far below an expected reasonable standard that there was a complete failure of due diligence. She not only found that the presumption of reliability of the certification fell, but the evidence established that it was the clearest of cases of an abuse of process and entered a stay of proceedings. A person sought is entitled to a fair extradition hearing and a remedy for the breach of that right may be a stay of proceedings. See United States of America v. Cobb, 2001 SCC 19, [2001] 1 S.C.R. 587.
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