What is the test for an order of surrender under s 58(b) of the Extradition Act?
British Columbia, Canada
The following excerpt is from Hilts v. Canada (Minister of Justice), 2013 BCCA 42 (CanLII):
As already mentioned, s. 58(b) of the Extradition Act provides that an order of surrender, must ... describe the offence in respect of which the extradition is requested, the offence for which committal was ordered or the conduct for which the person is to be surrendered. In other words, there are three ways in which the Minister can describe the basis on which a person is being surrendered. A description is necessary, in part, because the rule of specialty provides that a person is not to be prosecuted or sentenced other than for the offences (or conduct) for which he or she has been surrendered: see United States of America v. Wakeling, 2012 BCCA 397 at paras. 51, 52.
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