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Reference Re Ng (Extradition)
Published online by Cambridge University Press: 01 January 2021
Abstract
Extradition — Capital offences — Offence carrying death penalty in requesting State but not in requested State — Right of requested State to seek assurances that death penalty will not be imposed — Canada-United States Extradition Treaty, 1976, Article 6 — Decision by Canada to extradite fugitive without seeking assurances that death penalty would not be imposed — Whether contrary to Canadian Charter of Rights and Freedoms — Whether extradition to face death penalty constituting cruel and unusual treatment — Whether violating right to liberty and security of person
Human rights — Inhuman and degrading treatment or punishment — Death penalty — Whether constituting inhuman or degrading treatment or punishment — Concepts of fundamental justice — International human rights agreements — Whether prohibiting the death penalty — Whether international trend towards prohibition — The law of Canada
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