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SCC clarifies how to assess reliability of diplomatic assurances in extradition cases

Friday, September 08, 2017 @ 5:23 PM | By Cristin Schmitz

In an important extradition ruling, the Supreme Court has unanimously restored Ottawa’s decision to surrender two Canadians to India to face charges that the pair arranged the murder 17 years ago of a family member in Punjab who married against their wishes.

Justice Michael MoldaverJustice Michael Moldaver’s 9-0 decision sets out the evidentiary and legal standards that apply in extradition cases and to judicial review of Ottawa’s decisions to surrender Canadians to foreign states for criminal prosecution: India v. Badesha 2017 SCC 44.

Notably the Supreme...