Does the principle of double criminality in the context of extradition to the United States have any effect on the appeal?
Ontario, Canada
The following excerpt is from Canada (Attorney General) v. Gorcyca, 2007 ONCA 76 (CanLII):
Finally, the principle of double criminality does not support the appellant’s argument either. In United States of America v. McVey (1992), 1992 CanLII 48 (SCC), 77 C.C.C. (3d) 1 at 7 (S.C.C.), LaForest J., writing for the majority, made clear that from the standpoint of domestic law, extradition is a creature of statute and that Canada’s international obligations must be found in the terms of the appropriate treaty. Thus, while this principle may have value as an aid to interpreting the law, it has no freestanding effect. By itself, double criminality cannot bring the appellant success.
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