Does the "misalignment" test in the context of an extradition application apply to Canada?

Canada (Federal), Canada

The following excerpt is from Canada (Justice) v. Fischbacher, [2009] 3 SCR 170, 2009 SCC 46 (CanLII):

By requiring the Minister to evaluate whether the requested offence is “proper” in light of the foreign evidence, the “misalignment” test amounts to a second‑guessing of the foreign state’s assessment of its own law. This sends the message that Canada is suspicious of the ability of the foreign state to assess the evidence against its own law and decide on the appropriate offence. The “misalignment” test is thus incompatible with the principles of “reciprocity, comity and respect for differences in other jurisdictions” that are foundational to the effective operation of the extradition process: Kindler v. Canada (Minister of Justice), 1991 CanLII 78 (SCC), [1991] 2 S.C.R. 779, at p. 844.

Other Questions


Does the fact that the applicant has spent more time in Canada since applying for Canadian citizenship, but has not centralized her mode of living in Canada prior to her application, or has she not? (Canada (Federal), Canada)
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
What is the test for "speculation" in the context of the application's application for a conditional discharge? (Canada (Federal), Canada)
What is the test for an applicant to be a refugee under the Canada-Canada Agreement? (Canada (Federal), Canada)
Does the failure to advise appellant of ineligibility for parole apply in the context of his application for special parole? (MultiRegion, United States of America)
What are the applicable procedural safeguards in the context of an application for an interim discharge from an Indian Head School? (Canada (Federal), Canada)
What are the limits on the amount of time that a court can extend an application to extend the application for an extension of the application? (Canada (Federal), Canada)
What is the applicable standard of review for the purpose of determining an applicant's application for employment? (Canada (Federal), Canada)
What are some cases where a visa officer refused to accept an application because the applicant's Canadian relatives had offered to help in his settlement and establishment in Canada? (Canada (Federal), Canada)
What is the impact of the interpreter at the hearing of an applicant's application for a disability benefits application? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.