What is the test for determining whether a delay in completing an extradition to the United States is an abuse of process?

British Columbia, Canada


The following excerpt is from Korea v Jung, 2019 BCSC 199 (CanLII):

The case law provides that an extradition judge may only consider the matter of delay as an abuse of process where delay compromises fairness of the extradition proceedings: United States of America v. Gillingham, 2004 BCCA 226 at paras. 90 and 94; United America of America v. New, 2017 BCCA 249 at para. 29.

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