The Republic of Argentina appealed a decision discharging the respondent from extradition proceedings due to a 17-month delay.
The extradition judge had found the delay violated the respondent's right to be tried within a reasonable time under s. 11(b) of the Charter.
The Supreme Court of Canada allowed the appeal, holding that s. 11(b) does not apply to extradition hearings, which are not trials but proceedings to determine if there is sufficient evidence to surrender a fugitive.
The Court also found no abuse of process or violation of s. 7 of the Charter, noting the delay was largely due to the foreign authorities and not attributable to Canadian officials.
Furthermore, the Court held that an extradition judge is not a court of competent jurisdiction to grant Charter remedies.
