USA v. Fraser
The disclosure application raises justiciable s.7 issues within the court's jurisdiction, but whether the requested disclosure has the necessary causal connection to the extradition proceeding cannot be determined in the absence of evidence and must be decided at the hearing of the substantive disclosure application; accordingly the Crown's summary dismissal application is dismissed.
- Citation
- 2014 BCSC 227
- Parties
- Requesting State: United States of America; Person Sought: Shane Donald Fraser; Person Sought: Todd Ian Ferguson; Person Sought: Daniel James Joinson; Person Sought: Darrell Joseph Romano; Person Sought: Robert Frank Romano; Person Sought: Ivan Djuracic; Person Sought: Aaron Randolph Anderson; Person Sought: Jamie Daniel Nenasheff
- Court
- Supreme Court of British Columbia
- Jurisdiction
- Canada
- Judgment Date
- 8 January 2014
- Procedural Posture
- Extradition / Pre Committal Disclosure Application; Ruling on Crown Application for Summary Dismissal of Disclosure Application
- Outcome
- The Crown's application for summary dismissal of the disclosure application is dismissed
- Legal Topics
- Charter S.7, Disclosure, Abuse of Process, Judicial Independence, Surveillance, Summary Dismissal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
United States of America
Requesting State
Shane Donald Fraser
Person Sought
Todd Ian Ferguson
Person Sought
Daniel James Joinson
Person Sought
Darrell Joseph Romano
Person Sought
Robert Frank Romano
Person Sought
Ivan Djuracic
Person Sought
Aaron Randolph Anderson
Person Sought
Jamie Daniel Nenasheff
Person Sought
Procedural Posture
Extradition / Pre Committal Disclosure Application; Ruling on Crown Application for Summary Dismissal of Disclosure Application
Legal Issues
- 1 Whether the court can order disclosure from a foreign state or of foreign state surveillance
- 2 Whether the disclosure request is justiciable and connected causally to the extradition proceeding
- 3 Whether the Crown's application for summary dismissal is appropriate in the absence of factual evidence
Ratio Decidendi
The disclosure application raises justiciable s.7 issues within the court's jurisdiction, but whether the requested disclosure has the necessary causal connection to the extradition proceeding cannot be determined in the absence of evidence and must be decided at the hearing of the substantive disclosure application; accordingly the Crown's summary dismissal application is dismissed.
Court Disposition
The Crown's application for summary dismissal of the disclosure application is dismissed
Orders
- The Crown's application for summary dismissal of the disclosure application is dismissed; the disclosure application shall proceed to hearing
Full Case Text
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