Is the use of the Sheppard test contrary to the Charter?
Manitoba, Canada
The following excerpt is from United States of America v. Turenne, 1999 CanLII 14200 (MB QB):
This is true even when I consider the applicability of the Charter. The extent and nature of the protection provided in s. 7 of the Charter depends upon the context in which it is claimed. (See Idziak v. Canada (Minister of Justice), 1992 CanLII 51 (SCC), [1992] 3 S.C.R. 631.) Thus, in this motion, I decide only as to whether the use of the Sheppard test is contrary to the Charter within the context of an extradition hearing.
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