What is the test for committal under s. 29(1)(a) of the Extradition Act?
British Columbia, Canada
The following excerpt is from United States of America v. Berke, 2012 BCSC 1998 (CanLII):
One of the requirements for committal under s. 29(1)(a) of the Extradition Act relates to identity. As set out in Danielson v. United States of America, 2008 BCCA 519 at para. 71, there are two aspects of identification that must be established on the evidence: 1. whether on a balance of probabilities there is evidence that the person before the court is the person sought by the extradition partner; 2. whether there is prima facie evidence that the person before the court is the person who engaged in the alleged conduct that underlies the extradition request.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What jurisdiction does an extradition judge have at a committal hearing under the Extradition Act? (British Columbia, Canada)
What is the scope of an extradition hearing where a Charter issue is directly related to the committal proceedings? (British Columbia, Canada)
What is the test for committal in an extradition proceeding? (British Columbia, Canada)
What is the test for committal in an extradition hearing? (British Columbia, Canada)
What is sufficient evidence to warrant committal for extradition to the United States? (British Columbia, Canada)
What is the role of an extradition judge in committal hearings? (British Columbia, Canada)
Can a delay in completing an extradition hearing result in a stay of proceedings at the committal stage? (British Columbia, Canada)
What is the committal test for an extradition judge? (British Columbia, Canada)
What is the test for establishing that an extradition hearing is a trial by jury? (British Columbia, Canada)
Can a judge quash a committal for trial if the presiding judge at the preliminary inquiry failed to observe a mandatory section of the Criminal Code? (British Columbia, Canada)
