In an extradition hearing, in what circumstances will the fugitive be bound by common law exclusionary rules as they apply to foreign evidence?
Ontario, Canada
The following excerpt is from Bourgeon v. Canada (Attorney General), 2000 CanLII 22635 (ON SC):
The fugitive has, therefore, satisfied me that his liberty is at risk at an extradition hearing and that the abolition of the common law exclusionary rules as they apply to foreign evidence may result in the deprivation of his liberty in a fundamentally unjust manner. This is so inasmuch as the extradition judge may base committal for surrender on unreliable evidence, given the fact that no threshold of admissibility is required. This is also so because the Canadian judicial rule continues to apply that an extradition judge may not exclude manifestly unreliable evidence from the assessment of whether or not the requesting state has made out a prima facie case at an extradition hearing: see United States of America v. Sheppard, supra.
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