What is the test for "perpetual prosecution" in an extradition case?
Ontario, Canada
The following excerpt is from United States of America v. Jones, 2022 ONSC 11 (CanLII):
Extradition cases, by their very nature, often involve trans-border crimes which may result in overlapping domestic and foreign prosecutorial jurisdiction. The claim of perpetual prosecution is closely tied to the submission that Canadian authorities should have prosecuted the applicant for all conduct in Canada. This argument is similar to the double jeopardy argument that was unsuccessfully advanced in United States of America v. Qumsyeh, 2015 ONCA 551, 126 O.R. (3d) 641, leave to appeal refused, [2015] S.C.C.A. No. 370.
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