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NCJRS Abstract

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NCJ Number: 49072 Find in a Library
Title: CRITICAL EXAMINATION OF THE LRC'S (LAW REFORM COMMISSION'S) PROPOSALS FOR REFORM OF EXTRADITION REVIEW - CANADA
Journal: CRIMINAL LAW QUARTERLY  Volume:20  Issue:1  Dated:(DECEMBER 1977)  Pages:103-120
Author(s): N M FERA
Corporate Author: Canada Law Book
Canada
Date Published: 1977
Page Count: 18
Sponsoring Agency: Canada Law Book
Aurora, On L4G 3S9, Canada
Format: Article
Language: English
Country: Canada
Annotation: A PROPOSAL TO DIVEST THE CANADIAN FEDERAL COURT OF APPEAL OF ITS REVIEW POWER IN EXTRADITION MATTERS IS COUNTERED.
Abstract: MAJOR FEATURES OF CANADIAN LAW GOVERNING EXTRADITION FROM CANADA AND FROM FOREIGN STATES ARE REVIEWED, AS ARE THE LAW REFORM COMMISSION'S PROPOSALS FOR NEGATING THE FEDERAL COURT OF APPEALS' ROLE IN THE REVIEW PROCESS FOR EXTRADITION CASES AND LIMITING REVIEW TO HABEAS CORPUS PROCEEDINGS IN PROVINCIAL SUPERIOR COURTS. THE COMMISSION'S CONTENTION THAT THE PROVINCIAL COURT HAS GREATER COMPETENCE THAN THE FEDERAL COURT IN THE HANDLING OF EXTRADITION REVIEWS IS ARGUED. REASONS FOR MAINTAINING THE STATUS QUO OF FEDERAL JURISDICTION IN EXTRADITION REVIEW ARE PRESENTED RELATIVE TO BOTH EXTRADITION FROM CANADA AND EXTRADITION TO CANADA FROM FOREIGN STATES. THE COMMISSION'S REASONS FOR LIMITING SAFEGUARDS AND AVENUES OF REVIEW IN EXTRADITION CASES IN FAVOR OF A MORE RESTRICTED REVIEW PROCESS ARE CONCLUDED NOT TO BE COMPELLING. (LKM)
Index Term(s): Appellate courts; Canada; Federal courts; International extradition; Jurisdiction; Regionalization
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=49072

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