Extradition: Bail Pending the Appeal of a Committal Order
The Test for Release under s. 20 of the Extradition Act Section 20(a) of the Act provides that the test to be applied is that set out in s. 679 of the Criminal Code [Section 679: Release pending determination of appeal] with any modifications that the circumstances require. Accordingly, the Applicant must show that: a) his appeal is not frivolous; b) he is not a flight risk; and c) his detention is not necessary in the public interest. The public interest has two components: (1) public safety; and (2) public confidence in the administration of justice: R. v. Farinacci (1993), 86 C.C.C. (3d) 32 (Ont. C.A.); and R. v. Forcillo , 2016 ONCA 606, at para. 9. Public confidence in the administration of justice In considering whether continued detention is necessary to maintain the public’s confidence in the administration of justice, the court must consider how