Does the Charter apply to extradition proceedings?

Ontario, Canada


The following excerpt is from Germany (Federal Republic) v. Schreiber, 2001 CanLII 28400 (ON SC):

There can be no doubt that the Charter applies to extradition proceedings. Amongst other things, it guarantees fairness in the extradition hearing, its compliance with the principles of fundamental justice. But it is also clear that the principles of fundamental justice vary according to the context of the proceedings in which they are raised. See, United States of America v. Dynar, supra, p. 523 C.C.C., per Cory and Iacobucci JJ.

Other Questions


Can a delay in extradition proceedings apply to s. 11(b) of the Charter of Rights to be tried within a reasonable time? (Ontario, Canada)
What considerations apply to each stage or phase of an extradition proceeding? (Ontario, Canada)
Can an extradition judge stay the extradition proceedings against the person sought on the grounds of abuse of process? (Ontario, Canada)
Does the Minister of Justice have a basis to refuse surrender to surrender on the grounds that extradition to the United States is a violation of section 6(1) of the Charter of Charter Rights? (Ontario, Canada)
In what circumstances will a court order that an earlier proceeding be stayed until the completion of the later proceeding is completed? (Ontario, Canada)
Does the Charter of Canada apply? (Ontario, Canada)
Does estoppel from a prior proceeding apply? (Ontario, Canada)
What is the scope of the Attorney General's in rem proceedings under the Proceeds and Instruments of Unlawful Commerce Act? (Ontario, Canada)
What is the test for a parent to proceed in a child protection proceeding? (Ontario, Canada)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.