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Meng is not being tried in the Canadian court. Authorities there are holding hearings to determine whether the US extradition request can proceed.

https://www.scmp.com/news/china/society/article/3107883/canada-court-investigates-pro-china-youtubers-video-about-meng

Can a person be extradited to another country even if the charges levied against that person were proven to be false in Canada? I was reading about this and read that the document provided to get Meng extradited was fabricated and was missing a few pages that disproved the whole case against Meng? Provided that an extradition hearing is not a trial, can a person still be extradited even if the legal case against her is flimsy or if she can be proven to be innocent beyond a reasonable doubt under the Canadian legal system?

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Under Canada's Extradition Act, extradition requires an agreement (which exists between Canada and the US), and the alleged act would be a crime in Canada. Canada does not criminally prosecute the defendant, so this is largely procedural, verifying that the request is legally stated and so on. However, they will also have a hearing on the sufficiency of the evidence to go to trial (by Canadian standards). The ultimate truth or falsity of the criminal allegations will only be determined in the US court system.

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    This seems to gloss over the question a bit. To what extent would the provable falsity of the accusation factor in the "hearing on the sufficiency of the evidence"?
    – phoog
    Aug 14, 2021 at 15:43
  • What do you mean by "provably false"? Where is that determination made?
    – user6726
    Aug 14, 2021 at 17:03
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    It's an assumption of the question: "Can a person be extradited to another country even if the charges levied against that person were proven to be false in Canada?" (emphasis added). Also "if she can be proven to be innocent beyond a reasonable doubt under the Canadian legal system." The precise meaning isn't clear, but there are various possibilities, for example differing opinions about credibility of evidence. How would that affect the extradition?
    – phoog
    Aug 14, 2021 at 18:06
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    I think an elaboration on "However they will also have a hearing on the sufficiency of the evidence to go to trial (by Canadian standards)" would improve the answer and take care of the objection by @phoog. What are the criteria which must be met for the evidence to be deemed sufficient?
    – JBentley
    Aug 16, 2021 at 16:01
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An extradition hearing is not a trial

It is closer to a committal hearing.

The purpose is not to determine if the person is guilty or innocent, it is to determine if they have a case to answer. Typically the standard is if every piece of evidence the foreign government presents was 100% true, is there enough evidence that a jury might convict?

Other consideration include whether the alleged conduct is a crime in Canada. That the accused will get a fair trial in the foreign court. That the charges are not political or brought for the purpose of persecution.

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The most important criterion for extradition is this: if the case was exactly the same except the countries are exchanged, and we had exactly the evidence we were presented with, would we make this person stand trial?

There may be a witness whose statement would prove the person’s innocence. But are we sure he’s saying the truth? Quite likely wo might take the person to court and leave it to the jury to decide if the witness says the truth, is mistaken, or is lying. You would need evidence that would stop the person from going to court altogether in Canada.

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