United Kingdom v. Tarantino

United Kingdom v. Tarantino

Given demonstrated materially inaccurate successive certifications and a failure of due diligence by the certifying authority, the statutory presumption of accuracy afforded certified records was rebutted; reliance on the certification would violate s.7 and amount to an abuse of process, thus a stay of the extradition committal proceedings was required.

Citation
2003 BCSC 1134
Parties
Requesting State: United Kingdom of Great Britain and Northern Ireland; Person Sought/defendant: Gerald Alfonso Tarantino
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 June 2003
Procedural Posture
Extradition / Extradition Committal Hearing (oral Reasons for Judgment)
Outcome
Stay of proceedings granted (stay of extradition committal)
Legal Topics
Certification of Foreign Record of the Case, Presumption of Accuracy of Certification, Abuse of Process, Charter S.7 Breach, Stay of Proceedings, Prima Facie Committal, Voir Dire Threshold
Source Language
English
Extradition Law Criminal Law Constitutional Law (charter S.7) Procedural Law Certification of Foreign Record of the Case Presumption of Accuracy of Certification Abuse of Process Charter S.7 Breach +3 more

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Parties

United Kingdom of Great Britain and Northern Ireland

Requesting State

Gerald Alfonso Tarantino

Person Sought/defendant

Procedural Posture

Extradition / Extradition Committal Hearing (oral Reasons for Judgment)

Legal Issues

  1. 1 Whether certification by the requesting state under s.33(3)(a) of the Extradition Act continues to attract a presumption of accuracy given a history of inaccurate certifications
  2. 2 Whether the history of certifications amounts to a breach of s.7 of the Charter or an abuse of process justifying exclusion or a stay
  3. 3 Whether the applicant met the threshold to conduct a voir dire on certification and related Charter/abuse allegations

Ratio Decidendi

Given demonstrated materially inaccurate successive certifications and a failure of due diligence by the certifying authority, the statutory presumption of accuracy afforded certified records was rebutted; reliance on the certification would violate s.7 and amount to an abuse of process, thus a stay of the extradition committal proceedings was required.

Court Disposition

Stay of proceedings granted (stay of extradition committal)

Orders

  • Stay of proceedings