What is the double criminality rule?
Ontario, Canada
The following excerpt is from Germany (Federal Republic) v. Schreiber, 2004 CanLII 93326 (ON SC):
The double criminality rule is conduct based. See, United States of America v. Lépine (1994), 1994 CanLII 116 (SCC), 87 C.C.C. (3d) 385 (S.C.C.) at 391, per La Forest J.; and United States of America v. Dynar (1997), 1997 CanLII 359 (SCC), 115 C.C.C. (3d) 481 (S.C.C.) at 521 and 524-25, per Cory and Iacobucci JJ. There is no mirror image approach to double criminality. What is required is that the conduct with which a fugitive is charged be a crime listed in the authority to proceed if committed here.
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