"The judge must act as a judge, not a rubber stamp," Chief Justice Beverley McLachlin said in writing for the court.

"This may require the extradition judge to engage in limited weighing of the evidence to determine, not ultimate guilt, but sufficiency of evidence for committal to trial."

"The judicial phase must not play a supportive or subservient role to the executive," the decision reads. "It must provide real protection against extradition in the absence of an adequate case against the person sought."