What is the legal test for obtaining additional disclosure at an extradition hearing?

British Columbia, Canada


The following excerpt is from USA v. Mendoza, 2015 BCSC 1841 (CanLII):

The person sought is only entitled to additional disclosure when a justiciable issue arises, such as an alleged Charter violation: United States of America v. Kwok, 2001 SCC 18, [2001] 1 S.C.R. 532 at paras. 100, 106. Pursuant to s. 25 of the Act, an extradition judge is competent to hear Charter applications and grant the appropriate remedies in the course of a committal hearing: Kwok at paras. 54, 57. This is because the Charter applies to committal proceedings, including section 7 which requires that proceedings be conducted fairly: United States of America v. Cobb, 2001 SCC 19, [2001] 1 S.C.R. 587 at para. 32, and United States of America v. Ferras; United States of America v. Latty, 2006 SCC 33, [2006] 2 S.C.R. 77 [Ferras]. Although the person sought has not explicitly sought a Charter remedy in his submissions, it is possible that the relief to be ultimately sought will include a Charter remedy such as an abuse of process claim pursuant to section 7.

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