What is the test for granting extradition under s. 18 of the Extradition Act?
Ontario, Canada
The following excerpt is from Federal Republic of Germany v. Rauca, 1982 CanLII 3177 (ON SC):
The test for granting extradition under s. 18 of the Extradition Act is the same test which governs a trial judge in deciding whether the evidence is sufficient to justify him in withdrawing the case from the jury, and this is to be determined according to whether or not there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty: United States of America v. Sheppard (1976), 1976 CanLII 8 (SCC), 30 C.C.C. (2d) 424, 70 D.L.R. (3d) 136, [1977] 2 S.C.R. 1067.
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