What is the test for cross-examination in an extradition proceedings?

British Columbia, Canada


The following excerpt is from R. v. Hulley, 2006 BCSC 907 (CanLII):

Following completion of submissions, counsel for the applicant forwarded via the registry a second decision of Molloy J., USA v. Tollman, June 1, 2006 Ont. S.C.J. No. E22/02 in which she dealt again with the availability of the right of cross-examination in extradition proceedings, observing in para. 33: There may also be cases where the person sought is able to establish an air of reality to his allegations, but where all the direct evidence is within the knowledge of another person, such as the foreign prosecutor. If the person would be unable to prove his abuse allegation otherwise, this might be a circumstance in which a judge might order the cross-examination of another person, including a party outside the jurisdiction if required.

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