In an extradition committal hearing, the moving party sought an order committing the responding party for extradition to face drug conspiracy prosecution in the United States.
The court held that the responding party's affidavit evidence was inadmissible because it largely advanced defence evidence and did not establish manifest unreliability in the requesting state's record.
Applying the Extradition Act committal test, the court found sufficient evidence on each essential element of the corresponding Canadian offence and found identity established on a balance of probabilities.
The court rejected challenges to identification reliability as matters for trial and ordered committal for extradition.
