In what circumstances will a judge grant a detention order under the Extradition Act?
Ontario, Canada
The following excerpt is from United States v. Hibbert, 2019 ONSC 3876 (CanLII):
In an unreported decision in United States v. Obi, 21 August 2015, Mr. Justice Nordheimer stated, at p. 4: .... there is always a concern in extradition proceedings that Canada be seen as honouring its obligations to its extradition partners. However that consideration does not mean that just because there may be concerns regarding the release of a person sought, a detention order should be made. No application for interim release is without risk. The issue is the degree of risk that is posed. If the presence of an element of risk alone was a sufficient basis for the granting of a detention order, then the Extradition Act would have so provided.
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