Canada (Attorney General) v. K.T.

Canada (Attorney General) v. K.T.

The ROC contains admissible circumstantial and direct evidence from which a reasonable jury could infer all elements of the Canadian equivalents of the alleged U.K. offences (ss.282(1), 280(1)), so a prima facie case was established and committal under s.29(1)(a) was ordered.

Citation
2018 BCSC 623
Parties
Applicant/requesting State: The Attorney General of Canada on Behalf of the United Kingdom of Great Britain & Northern Ireland; Respondent/person Sought: K.T.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 April 2018
Procedural Posture
Extradition (extradition Act) / Committal Hearing (oral Reasons for Judgment)
Outcome
Order for committal granted; respondent remanded into custody to await surrender.
Legal Topics
Committal, Prima Facie Evidence, Circumstantial Evidence, Custody Order Interpretation, Hague Convention Proceedings
Source Language
English
Extradition Criminal Law Family Law Child Abduction Committal Prima Facie Evidence Circumstantial Evidence Custody Order Interpretation +1 more

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Parties

The Attorney General of Canada on Behalf of the United Kingdom of Great Britain & Northern Ireland

Applicant/requesting State

K.T.

Respondent/person Sought

Procedural Posture

Extradition (extradition Act) / Committal Hearing (oral Reasons for Judgment)

Legal Issues

  1. 1 Whether the Record of the Case (ROC) contains admissible evidence that, if it had occurred in Canada, would justify committal under s.29(1)(a) of the Extradition Act
  2. 2 Whether the presumption of reliability of the ROC is rebutted by bias, datedness or omissions
  3. 3 Whether the Liverpool Family Court order permitted the removal and negates elements of the alleged offences

Ratio Decidendi

The ROC contains admissible circumstantial and direct evidence from which a reasonable jury could infer all elements of the Canadian equivalents of the alleged U.K. offences (ss.282(1), 280(1)), so a prima facie case was established and committal under s.29(1)(a) was ordered.

Court Disposition

Order for committal granted; respondent remanded into custody to await surrender.

Orders

  • Committal ordered under s.29(1)(a) of the Extradition Act for the offences specified in the authority to proceed
  • Respondent remanded into custody to await surrender