Under s. 29(1) of the Extradition Act, S.C. 1999, chap. 18, a judge is obliged to order the committal of the person sought if there is admissible evidence of conduct that, had it occurred in Canada, “would justify committal for trial” for the alleged offence, and the judge is satisfied that the person is the person sought by the extradition partner. In other words, like a justice conducting a preliminary inquiry under Part XVIII of the Criminal Code, an extradition judge will generally order the committal of the person sought to be extradited upon concluding that there is admissible evidence upon which a reasonable jury, properly instructed, could convict the person. See: United States of America v. Sheppard, 1976 CanLII 8 (SCC), [1977] 2 S.C.R. 1067.
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