CRITICAL EXAMINATION OF THE LRC'S (LAW REFORM COMMISSION'S) PROPOSALS FOR REFORM OF EXTRADITION REVIEW - CANADA

• NCJ Number: 49072
• Journal: CRIMINAL LAW QUARTERLY Volume: 20 Issue: 1 Dated: (DECEMBER 1977) Pages: 103-120
• Author(s): N M FERA
• Date Published: 1977
• Length: 18 pages
• Corporate Author: Canada Law Book
• Publication Format: Article
• Language: English
• Country: Canada

Annotation

A PROPOSAL TO DIVEST THE CANADIAN FEDERAL COURT OF APPEAL OF ITS REVIEW POWER IN EXTRADITION MATTERS IS COUNTERED.

Abstract

MAJOR FEATURES OF CANADIAN LAW GOVERNING EXTRADITION FROM CANADA AND FROM FOREIGN STATES ARE REVIEWED, AS ARE THE LAW REFORM COMMISSION'S PROPOSALS FOR NEGATING THE FEDERAL COURT OF APPEALS' ROLE IN THE REVIEW PROCESS FOR EXTRADITION CASES AND LIMITING REVIEW TO HABEAS CORPUS PROCEEDINGS IN PROVINCIAL SUPERIOR COURTS. THE COMMISSION'S CONTENTION THAT THE PROVINCIAL COURT HAS GREATER COMPETENCE THAN THE FEDERAL COURT IN THE HANDLING OF EXTRADITION REVIEWS IS ARGUED. REASONS FOR MAINTAINING THE STATUS QUO OF FEDERAL JURISDICTION IN EXTRADITION REVIEW ARE PRESENTED RELATIVE TO BOTH EXTRADITION FROM CANADA AND EXTRADITION TO CANADA FROM FOREIGN STATES. THE COMMISSION'S REASONS FOR LIMITING SAFEGUARDS AND AVENUES OF REVIEW IN EXTRADITION CASES IN FAVOR OF A MORE RESTRICTED REVIEW PROCESS ARE CONCLUDED NOT TO BE COMPELLING. (LKM)