The following excerpt is from Canada (Justice) v. Fischbacher,  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),  2 S.C.R. 779, at p. 844.
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