Hostname: page-component-78c5997874-t5tsf Total loading time: 0 Render date: 2024-10-31T19:19:56.874Z Has data issue: false hasContentIssue false

Re State Of Wisconsin And Armstrong

Canada.  05 January 1973 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

The individual in international law — Extradition — Conditions of extradition — Double criminality — Charge of murder — Whether extradition judge obliged to consider degree of murder if condition satisfied — The law of Canada

The individual in international law — Extradition — Political crimes — Meaning of — Whether a political motive necessary — Whether crime not directed against authority of the Government a political crime — Whether crime committed in an endeavour to bring about change in government policy a political crime — Whether fugitive can unilaterally cause the crime to be political — Authority having jurisdiction to decide the question — Whether judge so empowered — Function of the extradition judge — Plea of political offence on application for extradition — Whether possible to take point without admitting the crime — Conditions of extradition — Double criminality — Charge of murder — Whether extradition judge obliged to consider degree of murder if condition satisfied — Procedure of extradition — Admission of affidavit evidence — Whether necessary to give fugitive opportunity of cross-examintion — Whether fugitive's right to a fair hearing violated in the absence of such opportunity — Difference in procedure between hearing of application for extradition and other hearings — The law of Canada

Type
Case Report
Copyright
© Cambridge University Press 1985

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)