What is the test for committal at an extradition hearing?

New Brunswick, Canada


The following excerpt is from United States of America v. Delagarde, 2005 NBQB 385 (CanLII):

15. The test for committal at an extradition hearing is the same as governs a justice or magistrate presiding at a preliminary hearing in determining whether the accused should be committed to stand trial pursuant to section 548 of the Criminal Code. In United States of America v. Sheppard, [1977] 2 S.C.R. 106, Ritchie, J. stated the test as follows: I agree that the duty imposed upon a “justice” under s. 475(1) [now s. 548(1)] is the same as that which governs a trial judge sitting with a jury in deciding whether the evidence is “sufficient” to justify him in withdrawing the case from the jury and this is to be determined according to whether or not there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty. The “justice”, in accordance with this principle, is, in my opinion, required to commit an accused person for trial in any case in which there is admissible evidence which could, if it were believed, result in a conviction.

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