What is the test for determining whether a requesting state has jurisdiction to extradite an alleged criminal to Canada?
British Columbia, Canada
The following excerpt is from USA v. Fraser, 2014 BCSC 1641 (CanLII):
It is for the executive to consider whether the requesting state’s assertion of jurisdiction meets Canada’s real and substantial connection test for criminal jurisdiction articulated in Libman v. The Queen, 1985 CanLII 51 (SCC), [1985] 2 S.C.R. 178. La Forest J. found that the extradition judge erred in considering the issue of territoriality or jurisdiction of the requesting state at all: at para. 17.
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