United States of America v. Dennis

United States of America v. Dennis

Court exercised discretion to reopen the application on fairness grounds because the applicant obtained counsel after making the original application but dismissed the application to adduce the proffered documents because they failed the Bennett test: they were not new, lacked an air of reality, were unreliable or...

Source-derived case information.

Citation
2014 BCSC 2490
Parties
Requesting State: Attorney General of Canada on behalf of the United States of America; Person Sought: Barbara Jean Dennis aka Barbara Passmore aka Denise Bennett aka Barbara Branham aka Dennis Jones aka Susanna Brown
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 May 2014
Procedural Posture
Extradition / Extradition Committal Hearing (application to Adduce Evidence; Reopened)
Outcome
Reopening of the application granted; application to adduce evidence dismissed
Legal Topics
Adducing Evidence, Reopening Applications, Committal Hearing, Reliability and Relevance of Evidence, Interpretation of Foreign Law
Source Language
english
Extradition Criminal Law Procedural Law Conflict of Laws (foreign Law Interpretation) Adducing Evidence Reopening Applications Committal Hearing Reliability and Relevance of Evidence +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

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

Requesting State

Barbara Jean Dennis aka Barbara Passmore aka Denise Bennett aka Barbara Branham aka Dennis Jones aka Susanna Brown

Person Sought

Procedural Posture

Extradition / Extradition Committal Hearing (application to Adduce Evidence; Reopened)

Legal Issues

  1. 1 Whether the court should reopen an application to adduce evidence after submissions concluded
  2. 2 Whether the proffered documents meet the test for admissibility in extradition proceedings (air of reality, relevance) under Bennett
  3. 3 Whether the court may interpret foreign law or extrapolate its application to the accused at committal

Ratio Decidendi

Court exercised discretion to reopen the application on fairness grounds because the applicant obtained counsel after making the original application but dismissed the application to adduce the proffered documents because they failed the Bennett test: they were not new, lacked an air of reality, were unreliable or unsigned, irrelevant to the ROC/SROC, and would require impermissible interpretation or extrapolation of foreign law; consequently the documents were not admissible.

Court Disposition

Reopening of the application granted; application to adduce evidence dismissed

Orders

  • Reopening of application to adduce evidence granted
  • Application to adduce evidence dismissed