U.S.A. v. Ranga

U.S.A. v. Ranga

The judge did not err in refusing a voir dire because there was no air of reality that the alleged Charter breaches affected the identification evidence and, even if breaches were assumed, their cumulative effect would not justify exclusion under s.24(2) or a stay; the judge lawfully relied on his own comparison of the appellant with the photograph in the Record of the Case and the informant's evidence met threshold reliability, therefore the committal was reasonable and the appeal is dismissed.

Citation
2012 BCCA 81
Parties
Respondent (requesting State): Attorney General of Canada on behalf of the United States of America; Appellant (person Sought): Mandeep Kumar Ranga
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
21 February 2012
Procedural Posture
Extradition / Appeal From Committal Order (judicial Review of Extradition Committal)
Outcome
Appeal dismissed; committal for extradition upheld.
Legal Topics
Charter S.24(2) Exclusion, Abuse of Process (stay), Identification Evidence, Voir Dire, Threshold Reliability of Informant
Source Language
English
Extradition Law Constitutional Law Criminal Procedure Charter S.24(2) Exclusion Abuse of Process (stay) Identification Evidence Voir Dire Threshold Reliability of Informant

Case Brief

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Parties

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

Respondent (requesting State)

Mandeep Kumar Ranga

Appellant (person Sought)

Procedural Posture

Extradition / Appeal From Committal Order (judicial Review of Extradition Committal)

Legal Issues

  1. 1 Whether the trial judge erred in refusing to hold a voir dire on alleged Charter breaches and abuse of process
  2. 2 Whether identification evidence tainted by alleged Charter breaches should have been excluded under s.24(2)
  3. 3 Whether the committal order was unreasonable given alleged frailties in identification and informant reliability

Ratio Decidendi

The judge did not err in refusing a voir dire because there was no air of reality that the alleged Charter breaches affected the identification evidence and, even if breaches were assumed, their cumulative effect would not justify exclusion under s.24(2) or a stay; the judge lawfully relied on his own comparison of the appellant with the photograph in the Record of the Case and the informant's evidence met threshold reliability, therefore the committal was reasonable and the appeal is dismissed.

Court Disposition

Appeal dismissed; committal for extradition upheld.

Orders

  • Appeal dismissed.
  • Committal order for extradition maintained.