What identification issues must a judge address under s. 29(1)(a) of the Criminal Proceeds of Crime Act?
British Columbia, Canada
The following excerpt is from U.S.A. v. Hall, 2016 BCSC 1004 (CanLII):
Under s. 29(1)(a) of the Act, the extradition judge must be satisfied that the person before the court is the same person sought by the extradition partner. In Danielson v. Canada (Minister of Justice), 2008 BCCA 519, Chiasson J.A. described the two identification issues arising under s. 29 as follows: 1. On a balance of probabilities is the person before the court the person named in the RoC? 2. Is there a prima facie case that the person before the court is the person who engaged in the alleged conduct that underlies the request for extradition?
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