When will a Charter remedy be granted in an extradition hearing?
British Columbia, Canada
The following excerpt is from the Attorney General on behalf of the United States of America and, 2014 BCSC 1132 (CanLII):
There are other limitations. In determining whether a Charter remedy should be granted, the extradition judge must bear in mind Canada’s international obligations: United Kingdom v. Tarantino, 2003 BCSC 1134 at para. 50. Even in cases where an extradition judge has jurisdiction to grant a particular Charter remedy, judicial intervention must be limited to cases of real substance: United States of America v. Dynar, 1997 CanLII 359 (SCC), [1997] 2 S.C.R. 462 at para. 125 [Dynar].
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