What is the test for an application to extradite an alleged criminal to the Czech Republic?

Ontario, Canada


The following excerpt is from Czech Republic v. Zajicek, 2012 ONCA 99 (CanLII):

In carrying out that function, it must be assumed that the trial court in the Czech Republic will fairly and appropriately deal with the appellant's allegations. Canada chooses its extradition partners with deliberation. As McLachlin J. observed in Kindler v. Canada (Minister of Justice), 1991 CanLII 78 (SCC), [1991] 2 S.C.R. 779, [1991] S.C.J. No. 63, at p. 845 S.C.R., "We sign treaties only with states which can assure us that their systems of criminal justice are fair and offer sufficient procedural protections to accused persons." In Canada v. Schmidt, 1987 CanLII 48 (SCC), [1987] 1 S.C.R. 500, [1987] S.C.J. No. 24, La Forest J. said [at p. 523 S.C.R.]: [T]he courts must begin with the notion that the executive must first have determined that the general system for the administration of justice in the foreign country sufficiently corresponds to our concepts of justice to warrant entering into the treaty in the first place, and must have recognized that it too has a duty to ensure that its actions comply with constitutional standards.

Other Questions


Is there any case law relating to an accident benefit application where a delay in submitting the Application due to a personal relationship preventing the Applicant from making an application? (Ontario, Canada)
What is the test for adding a new allegation to an application to add to the list of allegations against the respondent? (Ontario, Canada)
What is the role of the judiciary and the executive in the process of extraditing an alleged criminal to Canada? (Ontario, Canada)
On the ground of urgency, in what circumstances will the applicant continue with her application for leave to continue with the application? (Ontario, Canada)
What is the impact of s. 29 of the Canadian Anti-Doping Agency’s s.29 of the Criminal Code on the application of an extradition warrant? (Ontario, Canada)
How have the courts dealt with an application where the applicant's disrespectful behaviour was so extreme that the application was dismissed as abuse of process? (Ontario, Canada)
What is the current state of the law in the United States when seeking to extradite an alleged criminal to Canada? (Ontario, Canada)
What is the case law in favour of adducing additional evidence at the application stage of the application? (Ontario, Canada)
What is the test for reasonableness in the context of an application for an indefinite adjournment of a criminal trial? (Ontario, Canada)
What is the test for alleging discrimination in a job application? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.