What is the test for granting bail pending a Minister’s decision on surrender?
British Columbia, Canada
The following excerpt is from India v. Badesha, 2014 BCCA 452 (CanLII):
It is well-established that this Court, operating under s. 679 of the Criminal Code, must balance the competing public interests of enforceability and reviewability when considering bail pending an appeal. The Attorney General cites United States of America v. Ibrahim, 2012 BCCA 278 at paras. 45 and 46, for the proposition that the same balancing should take place in determining whether bail should be granted pending a Minister’s decision on surrender.
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