The Attorney General of Canada v. Fester

The Attorney General of Canada v. Fester

The certified ROC is admissible and presumptively reliable; identification of Mr. Fester as the person named in the ROC is established on a balance of probabilities and prima facie; the admissible evidence (seizures, intercepted calls, witness identifications, admissions) is sufficient under the prima facie/Shephard test and Ferras guidance to commit Mr. Fester for trial on corresponding Canadian offences of importing MDMA (s.6 CDSA), trafficking MDMA (s.5 CDSA) and conspiracy (s.465 Criminal Code), alternatively as party to those offences under s.21; co‑conspirator evidence from plea agreements is not manifestly unreliable absent specific rebuttal.

Citation
2009 BCSC 1331
Parties
Applicant/requesting State: The Attorney General of Canada on Behalf of the United States of America; Respondent/person Sought: Zalig Dimitri Fester
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 September 2009
Procedural Posture
Extradition (committal Hearing) / Committal Stage (extradition Hearing)
Outcome
Committal ordered; person committed to custody to await surrender to the United States for prosecution.
Legal Topics
Committal, Double Criminality, Evidence Admissibility, Identification, Conspiracy, Aiding and Abetting
Source Language
English
Extradition Criminal Law Controlled Substances Committal Double Criminality Evidence Admissibility Identification Conspiracy +1 more

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Parties

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

Applicant/requesting State

Zalig Dimitri Fester

Respondent/person Sought

Procedural Posture

Extradition (committal Hearing) / Committal Stage (extradition Hearing)

Legal Issues

  1. 1 Admissibility of the Record of the Case (ROC)
  2. 2 Sufficiency of evidence for committal (prima facie test)
  3. 3 Identification of person sought

Ratio Decidendi

The certified ROC is admissible and presumptively reliable; identification of Mr. Fester as the person named in the ROC is established on a balance of probabilities and prima facie; the admissible evidence (seizures, intercepted calls, witness identifications, admissions) is sufficient under the prima facie/Shephard test and Ferras guidance to commit Mr. Fester for trial on corresponding Canadian offences of importing MDMA (s.6 CDSA), trafficking MDMA (s.5 CDSA) and conspiracy (s.465 Criminal Code), alternatively as party to those offences under s.21; co‑conspirator evidence from plea agreements is not manifestly unreliable absent specific rebuttal.

Court Disposition

Committal ordered; person committed to custody to await surrender to the United States for prosecution.

Orders

  • Order committal into custody to await surrender to the United States of America for prosecution on the offences set out in the Authority to Proceed
  • Transmit to the Ministry a copy of this order, a copy of the evidence adduced at the hearing that has not already been transmitted, all exhibits marked at the hearing, and all earlier rulings in the matter