What is the role of an extradition judge in committal hearings?

British Columbia, Canada


The following excerpt is from Attorney General of Canada (on behalf of the Republic of Italy) v. Seifert, 2003 BCSC 991 (CanLII):

The committal hearing does not determine the guilt or innocence of the person sought, nor does it determine whether the person sought will be surrendered by Canada to the requesting state. It simply determines one of the conditions precedent to surrender, namely, the existence of prima facie evidence of conduct which, had it occurred in Canada, would be sufficient to warrant committal of that person for trial in Canada. The extradition judge’s role in this regard is often referred to as a “modest” one: ... the role of the extradition judge is a modest one; absent express statutory or treaty authorization, the sole purpose of an extradition hearing is to ensure that the evidence establishes a prima facie case that the extradition crime has been committed. The Republic of Argentina v. Mellino (1987), 33 C.C.C. (3d) 334 at 349 (S.C.C.).

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