What authority has been granted to proceed with an Action under s. 29 of the Criminal Procedure Act?
British Columbia, Canada
The following excerpt is from Germany v Duong, 2018 BCSC 2203 (CanLII):
This authority to proceed (“ATP”) is akin to an Information or Indictment and triggers the second, judicial stage. The role of the extradition judge at this stage is limited to determining whether or not the evidence tendered is sufficient to satisfy the test for committal under s. 29 of the Act: United States of America v. Dynar, 1997 CanLII 359 (SCC), [1997] 2 S.C.R. 462 at para. 120.
Under s. 29 of the Act the extradition judge must determine: (1) what evidence is admissible under the Act; and (2) whether the admissible evidence is sufficient to justify committal: United States of America v. Ferras, 2006 SCC 33 at paras. 16 and 36.
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