The appellants appealed their extradition committals, arguing that section 32(1)(b) of the Extradition Act infringed section 7 of the Charter because it did not require evidence to be certified as available for trial.
The Supreme Court of Canada allowed the appeals and remitted the matters to the extradition judges to be determined in accordance with the concurrent decision in United States of America v. Ferras, which upheld the constitutionality of the provisions.
