Can a fugitive be extradited to Canada and subject to Charter scrutiny?
Alberta, Canada
The following excerpt is from Born-With-A-Tooth v. Canada (Attorney General), 1988 ABCA 35 (CanLII):
In Schmidt v. The Queen 1987 CanLII 48 (SCC), [1987] 1 S.C.R. 500 the majority of the court at page 520 held that while the general extradition procedure constitutes a reasonable limit under Section 1 of the Charter, a fugitive (as defined in the Extradition Act) may invite a Charter scrutiny into the manner in which the procedures are conducted in Canada and the conditions under which a fugitive is surrendered under the Extradition Treaty.
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