What is the test for identification of an alleged criminal?
British Columbia, Canada
The following excerpt is from U.S.A. v. Mendoza, 2016 BCSC 1297 (CanLII):
There are two aspects of identification that the requesting state must establish on the evidence: (a) whether on a balance of probabilities there is evidence that the person before the court is the person sought by the extradition partner; (b) whether there is prima facie evidence that the person before the court is the person who engaged in the alleged conduct that underlies the extradition request Danielson v. United States of America, 2008 BCCA 519 at para 71.
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