Extradition-Discharge due to delay in surrendering fugitive-Whether authority to proceed to commit to await extradition when fugitive consents-Effect of discharge-Whether second request after discharge an abuse of process-Whether earlier discharge a bar to extradition-Whether autrefois aquit applies-Habeas corpus application-Extradition Act ss 7,8,910,11,17-Constitution order in council ss 15 &25-Charter of Rights Article 14
Application for habeas corpus-Applicability of the Civil Procedure Rules to applications for habeas corpus pursuant to the Extradition Act-Affidavit not made by person restrained-Affidavit made by attorney-at-law-No indication why detainee not able to make affidavit-Whether application in breach of the rules-Effect of breach-Civil Procedure Rules, rules 2,26 & 57
