What recourse does an appellant have to surrender to serve the sentence imposed for a criminal offence under the Criminal Code?
British Columbia, Canada
The following excerpt is from Ganis v. Canada (Minister of Justice), 2006 BCCA 543 (CanLII):
The appellant further submits that the requesting state has provided no evidence that he was at large before the expiry of the sentence, and so challenges his surrender to serve the sentence imposed for the corresponding conviction. However, the sufficiency of evidence supporting the charge was an issue for the committal judge, pursuant to s. 29 of the Act. The proper route by which to challenge the judge’s findings of fact is to bring an appeal in the provincial appellate court: Idziak v. Canada (Minister of Justice), 1992 CanLII 51 (SCC), [1992] 3 S.C.R. 631.
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