What is an "air of reality" in the context of an alleged Charter breach?
British Columbia, Canada
The following excerpt is from United States of America v Sheck, 2017 BCSC 851 (CanLII):
An “air of reality” means some realistic possibility that the allegations can be substantiated. There must be an evidentiary foundation to justify an extradition judge embarking on an inquiry to adjudicate an alleged Charter breach; and an air of reality will not be established on the basis of “vague and unsubstantiated suggestions, or conjecture and speculation”: United States of America v. Wong, 2017 BCCA 109 at paras. 24-26.
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