The principal function that the extradition judge is required to perform in applying the Act is to conduct an extradition committal hearing. The fugitive is entitled to a fair extradition hearing in accordance with the principles of fundamental justice. The extradition judge therefore has jurisdiction under s. 7 of the Charter to ensure that the committal hearing is one which is fair. As a result, the extradition judge has jurisdiction, in the appropriate case, to grant a conditional stay of proceedings pending the appointment of legal counsel, pursuant to s. 24(1) of the Charter: United States of America v. Akrami, 2001 BCSC 165 at para. 6.
In United States of America v. Akrami at para. 45, I stated: Although it is evident therefore that an extradition hearing is much more limited in scope than a trial, nonetheless, I do not see any reason why Rowbotham orders should not be made where the criteria set out in Rowbotham are met in extradition proceedings.
In United States of America v. Akrami, I canvassed the law relating to Rowbotham orders and their applicability to extradition hearings. I do not intend to repeat what I said there.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.