United States of America v. Berke

United States of America v. Berke

Disclosure application dismissed for failure to show an air of reality that the ROC's $81 million assertion was knowingly false or unreliable; application to quash Authority to Proceed dismissed because existing binding provincial precedents (including Bezeredi) and principles of comity require that an Authority...

Source-derived case information.

Citation
2012 BCSC 1410
Parties
Requesting State: Attorney General of Canada on behalf of the United States of America; Person Sought: Gerald Berke
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 September 2012
Procedural Posture
Extradition / Pre Committal Applications for Disclosure and to Quash Authority to Proceed
Outcome
Both applications dismissed
Legal Topics
Authority to Proceed, Disclosure, Committal, Particularity, Specialty Doctrine
Source Language
english
Extradition Criminal Law Administrative Law Authority to Proceed Disclosure Committal Particularity Specialty Doctrine

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Parties

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

Requesting State

Gerald Berke

Person Sought

Procedural Posture

Extradition / Pre Committal Applications for Disclosure and to Quash Authority to Proceed

Legal Issues

  1. 1 Whether applicant demonstrated an "air of reality" warranting further disclosure relating to alleged monetary loss in the ROC
  2. 2 Whether the Authority to Proceed was fatally defective for lack of particularity under s.15(3) of the Extradition Act
  3. 3 Whether the extradition judge has jurisdiction to quash an Authority to Proceed or terminate proceedings when Authority is defective

Ratio Decidendi

Disclosure application dismissed for failure to show an air of reality that the ROC's $81 million assertion was knowingly false or unreliable; application to quash Authority to Proceed dismissed because existing binding provincial precedents (including Bezeredi) and principles of comity require that an Authority describing the corresponding Canadian offence as "Fraud contrary to s.380" is not defective for lack of particulars and the ROC may supply necessary particulars for committal assessment.

Court Disposition

Both applications dismissed

Orders

  • Application for further disclosure dismissed
  • Application to quash the Authority to Proceed dismissed