EXTRADITION – DISCHARGE DUE TO DELAY IN SURRENDERING FUGITIVE – WHETHER AUTHORITY TO PROCEED REQUIRED 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, 9, 10, 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.