What is the burden of disclosure in an extradition case?
British Columbia, Canada
The following excerpt is from United States of America v. Berke, 2012 BCSC 1410 (CanLII):
In United States v. Costanzo, 2009 BCCA 120, our Court of Appeal held at para. 29 to 30 that the applicant for disclosure on an extradition case bears the burden of demonstrating an air of reality which must go beyond a mere fishing expedition:
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