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Re State Of Wisconsin And Armstrong

Canada.  05 January 1973 .

Published online by Cambridge University Press:  01 January 2021

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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

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