What is the test for a Charter remedy?
British Columbia, Canada
The following excerpt is from United States of America v. Cameron, 2013 BCSC 157 (CanLII):
The parties do not disagree about the main principles which apply. Extradition proceedings must be conducted in accordance with the principles of fundamental justice so as to accord with s. 7 of the Charter: United States of America v. Dynar, 1997 CanLII 359 (SCC), [1997] 2 S.C.R. 462 at paras. 123-4. An extradition judge may grant a Charter remedy, but only in respect of a Charter violation that relates directly to the extradition hearing itself. Although the Charter does not directly govern the actions of a foreign state, a state requesting extradition may be held accountable for conduct that affects the fairness of the proceedings, because those proceedings must themselves conform to the Charter.
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