What is the test for a request for extradition from the United States?
British Columbia, Canada
The following excerpt is from U.S.A. v. Adam, 2012 BCSC 969 (CanLII):
In Danielson v. United States of America, 2008 BCCA 519 at para. 24, Chiasson J.A. explained that this requirement has two aspects: 1. on a balance of probabilities is the person before the court the person named in the [Record of the Case]; 2. is there a prima facie case that the person before the court is the person who engaged in the alleged conduct that underlies the request for extradition?
"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.
Other Questions
In what circumstances will the Minister of Justice consider the risk of prosecution or potential punishment in deciding whether to grant an extradition request from the United States? (British Columbia, Canada)
What is the test for identification of a person in a request for extradition from the United States? (British Columbia, Canada)
What is the current state of the law in the United States in relation to disclosure to the Canadian authorities regarding Charter of Rights and Freedoms? (British Columbia, Canada)
Does extradition to the United States violate the Charter right of Canadian citizens to remain in Canada? (British Columbia, Canada)
What is the test for an extradition judge to determine whether a convicted criminal has committed a crime in the United States? (British Columbia, Canada)
What is the test for deciding whether to extradite an alleged criminal to the United States? (British Columbia, Canada)
Is defence evidence that strikes directly at the reliability of the requesting state’s materials admissible at the extradition hearing? (British Columbia, Canada)
What is the test for refusing to extradite an alleged serial killer to the United States? (British Columbia, Canada)
In what circumstances will the accused be successful in his defence against extradition to the United States under s. 29(1) of the Criminal Code? (British Columbia, Canada)
How have courts in the United States dealt with the issue of threats of imprisonment if a co-accused refuses to waive extradition? (British Columbia, Canada)
