What is the test for committal at an extradition hearing?

New Brunswick, Canada


The following excerpt is from United States of America v. Delagarde, 2005 NBQB 385 (CanLII):

15. The test for committal at an extradition hearing is the same as governs a justice or magistrate presiding at a preliminary hearing in determining whether the accused should be committed to stand trial pursuant to section 548 of the Criminal Code. In United States of America v. Sheppard, [1977] 2 S.C.R. 106, Ritchie, J. stated the test as follows: I agree that the duty imposed upon a “justice” under s. 475(1) [now s. 548(1)] is the same as that which governs a trial judge sitting with a jury 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. The “justice”, in accordance with this principle, is, in my opinion, required to commit an accused person for trial in any case in which there is admissible evidence which could, if it were believed, result in a conviction.

Other Questions


What is the impact of a father’s actions at a child support hearing on access? (New Brunswick, Canada)
What is the test for determining the extent of contact between the parents at a custody hearing? (New Brunswick, Canada)
What is the test for declining to hear an appeal? (New Brunswick, Canada)
What are some cases where a judge has found that a plaintiff has been denied a right to sue for damages at a hearing? (New Brunswick, Canada)
How best to address this new issue in the context of a confirmation hearing under Section 19 of the Divorce Act? (New Brunswick, Canada)
What is the test for the defence of provocation in a sexual assault case? (New Brunswick, Canada)
Is the award for spousal support reduced? (New Brunswick, Canada)
What is the test for determining post-retirement spousal support? (New Brunswick, Canada)
Does spousal support continue to be relevant? (New Brunswick, Canada)
What are the implications of having to pay substantial costs in a family law case? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.