The requesting state appealed an order discharging fugitives at an extradition hearing on heroin conspiracy charges.
The Court of Appeal held that the extradition judge misapplied s. 18(1)(b) of the Extradition Act by focusing on proof of the foreign offences and territorial situs rather than asking whether the conduct underlying the foreign charges, wherever it occurred, would if committed in Canada establish a prima facie case of any Canadian extradition offence.
Applying the proper conduct-based double criminality analysis, the court found sufficient evidence of conspiracy to traffic in heroin and trafficking in heroin to justify committal.
The fugitives' separate application alleging a 25-month appellate delay under s. 7 of the Charter was dismissed because they took no steps to expedite the appeal and showed no real prejudice affecting fairness.
