What is the scope of an extradition application under s. 18(7) of the Criminal Code of Canada for refusing to comply with a court order?

British Columbia, Canada


The following excerpt is from Mutual Legal Assistance Act and U.S.A and Stuckey et al, 2005 BCSC 1764 (CanLII):

There was also some discussion of whether, and if so, how, the court should consider allegations of foreign law made in the various materials submitted in the application. In the extradition context, it is well-settled that it is not the function of the extradition judge to receive or consider foreign law: McVey v. United States of America (1992), 1992 CanLII 48 (SCC), 77 C.C.C. (3d) 1 at 39 (S.C.C.). The Act provides for consideration of foreign law in the narrow context of grounds for refusal to comply with a court order under s. 18(7).

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