What is the test for a Charter violation hearing?

British Columbia, Canada

The following excerpt is from U.S.A. v. Bezeredi, 2008 BCSC 573 (CanLII):

The key point is that the alleged wrongdoing resulting from obtaining information pursuant to the inspection order does not relate sufficiently to the issue that an extradition judge must determine in these proceedings. That it must if this application is to succeed is apparent from a perusal of many authorities. See for example, United States of America v. Freimuth, 2004 BCSC 154, 183 C.C.C. (3d) 296 at para. 14 where it is stated: Unless the applicant can demonstrate that the alleged Charter breach is in relation to one of the functions that the judge is required to perform in applying the Act and that there is evidence available capable of establishing an air of reality to the alleged breach, the extradition judge should refuse to permit a Charter violation hearing to take place.

And similarly, United States of America v. Ironside, 2005 BCSC 1390 at para. 8, which states: The Attorney General responds that in applying for committal, it does not rely on any evidence obtained pursuant to the investigation order and, in particular, does not rely on any of the paragraphs in the record of the case identified above that reference evidence gathered by the RCMP in Canada.

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