Does s. 11(b) of the Charter of Canada apply to extradition proceedings?
British Columbia, Canada
The following excerpt is from USA v. Shull, Shull & Fiessel, 2003 BCSC 444 (CanLII):
It is common ground that s. 11(b) of the Charter, which guarantees any person charged with an offence the right to be tried within a reasonable time, does not apply to extradition proceedings. The person sought at an extradition hearing is not charged with an offence, an extradition hearing is not a trial, and the Charter cannot be given extraterritorial effect to govern the method in which criminal proceedings in a foreign country are to be conducted: Schmidt v. The Queen (1987), 1987 CanLII 48 (SCC), 33 C.C.C. (3d) 193 (S.C.C).
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