Supreme Court ruling narrows grounds for extradition
CBC News
July 24, 2006
The Supreme Court of Canada unanimously upheld on Friday the constitutionality of the Extradition Act in two complex rulings that could make it more challenging to hand over accused people to another state.
The top court ruled that the 1999 Extradition Act did not violate Section 7 of the Charter of Rights and Freedoms, guaranteeing every individual the right to life, liberty and security. But the court decided that when hearing extradition cases, courts must first examine the evidence to determine if the case could proceed to trial in Canada.
This decision changes the old practice, which held that any evidence, no matter how questionable, was grounds for extradition.
The decisions dealt with cases from lower courts in British Columbia and Ontario.
"The accused were properly committed for extradition," Chief Justice Beverley McLachlin explained in the court's ruling. "The records submitted by the U.S. against the accused contained sufficient admissible evidence that a reasonable jury, properly instructed, could convict had the conduct occurred in Canada."
The ruling also has implications for the alleged head of the Montreal Mafia, Vito Rizzuto, 60, who is facing racketeering charges related to three murders in the U.S. in 1981.
Rizzuto, who has been held in custody in Quebec since 2004, has challenged a surrender order and a Quebec Superior Court decision allowing for his extradition.
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