What is the test for identification under section 29 of the Extradition Act?

Ontario, Canada


The following excerpt is from United States of America v. Akinbobola and Cole, 2019 ONSC 3434 (CanLII):

In United States of America v. Asielgbu, [2008] B.C.J. 2437, at para. 21 the British Columbia Court of Appeal explained that there are two parts to the identification issue under s. 29 of the Act, each with a differing burden of proof: On a plain reading of s. 29 of the Extradition Act, there are two issues of identification in an extradition proceeding: one, is the person named in the ROC the person who committed the alleged conduct; two, is the person named in the ROC the person before the court? As noted, the extradition judge expressed these issues at para. 3 as follows: …There [are] two aspects of the identify issue. They are: 1. that there be prima facie evidence that the person sought is the person who committed the acts alleged; and 2. that there be evidence proving on the balance of probabilities that the person before the court is the person sought by the requesting state. …The lower threshold of a prima facie case derives from the fact the requesting state must establish a case on which a jury reasonably instructed might convict”. [Emphasis added]

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