What is the test for admissible viva voce evidence at an extradition hearing?

In order to be admissible, evidence must also, generally, be relevant in the sense of being probative of a legal or factual issue before the court. Thus, evidence is inadmissible if it does not logically tend to make a legal or factual issue more or less probable. An exception to this principle relates to the credibility of a witness, which is not, generally, in issue at an extradition hearing. It must be kept in mind that an extradition hearing is more analogous to an appeal hearing, at which a paper record is tendered and submissions are made in respect of the matters referred to in the record. Thus, there is no cross-examination of witnesses whose affidavits or depositions are tendered at an extradition hearing: see Vardy v. Scott, 1976 CanLII 154 (SCC), [1977] 1 S.C.R. 293, 66 D.L.R. (3d) 431. It is rare that a witness is tendered to give viva voce evidence at an extradition hearing, with the possible exception being a witness called as to the fugitive’s identity, who may then be cross-examined.