USA v. Doak and others

USA v. Doak and others

The application for a Charter voir dire was dismissed because the applicant failed to satisfy the Ranga two‑prong threshold: there is no air of reality to the allegation that U.S. authorities showed Ferris newspaper articles or coerced identification (the ROC reference is a sourcing reference), the allegations are speculative and unsupported by an offer of proof, and even if a breach were proven the remedies sought (exclusion or stay) are not justified given the nature of co‑conspirator evidence and limits on excluding foreign‑obtained evidence.

Citation
2012 BCSC 1788
Parties
Requesting Authority: The Attorney General of Canada on behalf of the United States of America; Person Sought: Sean William Doak; Person Sought: James Gregory Cameron; Person Sought: Colin Hugh Martin
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 October 2012
Procedural Posture
Extradition / Preliminary Voir Dire Application (threshold Hearing)
Outcome
Application for a Charter voir dire dismissed.
Legal Topics
Charter S.24(2) Exclusion, Charter S.24(1) Stay, Air of Reality Test, Abuse of Process, Co‑conspirator Evidence, Threshold for Voir Dire
Source Language
English
Extradition Criminal Law Constitutional Law Evidence Law Administrative Law Charter S.24(2) Exclusion Charter S.24(1) Stay Air of Reality Test +3 more

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Parties

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

Requesting Authority

Sean William Doak

Person Sought

James Gregory Cameron

Person Sought

Colin Hugh Martin

Person Sought

Procedural Posture

Extradition / Preliminary Voir Dire Application (threshold Hearing)

Legal Issues

  1. 1 Whether there is an air of reality to justify a Charter voir dire to exclude co‑conspirator (Ferris) evidence under s.24(2) of the Charter
  2. 2 Whether the conduct of U.S. authorities warrants a stay of extradition as an abuse of process under s.24(1) or common law
  3. 3 Whether foreign‑sourced evidence obtained by U.S. authorities can be excluded in extradition proceedings

Ratio Decidendi

The application for a Charter voir dire was dismissed because the applicant failed to satisfy the Ranga two‑prong threshold: there is no air of reality to the allegation that U.S. authorities showed Ferris newspaper articles or coerced identification (the ROC reference is a sourcing reference), the allegations are speculative and unsupported by an offer of proof, and even if a breach were proven the remedies sought (exclusion or stay) are not justified given the nature of co‑conspirator evidence and limits on excluding foreign‑obtained evidence.

Court Disposition

Application for a Charter voir dire dismissed.

Orders

  • Application for a Charter voir dire dismissed.