U.S.A. v. Rogan

U.S.A. v. Rogan

Application to expand the abuse of process grounds to include allegations of deficient certification of the ROC is dismissed because there is no air of reality to the claim that the Requesting State deliberately misled or was grossly negligent in certifying the ROC; identified inaccuracies or omissions are non‑material or known to the defence and cannot, individually or cumulatively, justify a stay of proceedings.

Citation
2014 BCSC 2370
Parties
Respondent/requesting State: Attorney General of Canada on behalf of The United States of America; Applicant/person Sought: Peter George Rogan
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 December 2014
Procedural Posture
Extradition (extradition Act) / Application to Expand Abuse of Process Grounds; Pre Committal Evidentiary Hearing Scheduled
Outcome
Application to expand abuse of process grounds dismissed
Legal Topics
Abuse of Process, Record of the Case Certification, Perjury, Obstruction of Justice, Stay of Proceedings, Due Diligence in Certification
Source Language
English
Extradition Criminal Law Trusts and Asset Protection Procedural Law Abuse of Process Record of the Case Certification Perjury Obstruction of Justice +2 more

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Parties

Attorney General of Canada on behalf of The United States of America

Respondent/requesting State

Peter George Rogan

Applicant/person Sought

Procedural Posture

Extradition (extradition Act) / Application to Expand Abuse of Process Grounds; Pre Committal Evidentiary Hearing Scheduled

Legal Issues

  1. 1 Whether the Record of the Case (ROC) was incomplete, inaccurate or misleading
  2. 2 Whether the Requesting State failed to exercise due diligence in certifying the ROC
  3. 3 Whether alleged ROC misconduct gives rise to an "air of reality" supporting expansion of abuse of process grounds

Ratio Decidendi

Application to expand the abuse of process grounds to include allegations of deficient certification of the ROC is dismissed because there is no air of reality to the claim that the Requesting State deliberately misled or was grossly negligent in certifying the ROC; identified inaccuracies or omissions are non‑material or known to the defence and cannot, individually or cumulatively, justify a stay of proceedings.

Court Disposition

Application to expand abuse of process grounds dismissed

Orders

  • Application to expand the abuse of process application to include allegations concerning preparation and certification of the Record of the Case is dismissed.
  • Proceedings to continue; evidentiary hearing on original abuse of process application scheduled (Feb 2015).