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
The following excerpt is from Federal Republic of Germany v. Krapohl, 1998 CanLII 1355 (ON CA):
The law is clear that s. 11 of the Charter, including the s. 11(b) right to be tried within a reasonable time, has no application to extradition proceedings: see The Republic of Argentina v. Mellino (1987), 33 C.C.C. (3d) 334 (S.C.C.). The delay put forward here was solely that of a foreign state whose conduct is not subject to Charter regulation. The Minister, therefore, did not err in giving no effect to the delay, as a matter of law.
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