United States v. Barba-Ruiz

United States v. Barba-Ruiz

The court found that the prosecution proved identity on the balance of probabilities (matching name, identity documents, detainee's own statements and physical comparison to submitted photograph) and that there was a prima facie case linking the person to the alleged conduct through the cooperating witness' familiarity and identification aided by the photograph and corroborating investigative material; accordingly committal under s.29(1)(a) was ordered.

Citation
2020 BCSC 214
Parties
Requesting State: The Attorney General of Canada on behalf of the United States of America; Person Sought: Jose Barba-Ruiz (also known as "Picoso")
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 February 2020
Procedural Posture
Extradition — Committal Hearing / Committal Hearing Under S.29(1)(a) of the Extradition Act
Outcome
Person committed into custody to await determination by the Minister of Justice on surrender to the United States
Legal Topics
Committal, Identity Proof, Prima Facie Standard, Authority to Proceed (atp), Wiretap Evidence
Source Language
English
Extradition Criminal Law Drug Trafficking Evidence and Identification Committal Identity Proof Prima Facie Standard Authority to Proceed (atp) +1 more

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Parties

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

Requesting State

Jose Barba-Ruiz (also known as "Picoso")

Person Sought

Procedural Posture

Extradition — Committal Hearing / Committal Hearing Under S.29(1)(a) of the Extradition Act

Legal Issues

  1. 1 Whether the person before the court is the person named in the ROC/RROC (balance of probabilities)
  2. 2 Whether there is a prima facie case that the person before the court engaged in the alleged conduct (prima facie standard)
  3. 3 Whether the ROC/RROC and identification evidence are sufficient to justify committal

Ratio Decidendi

The court found that the prosecution proved identity on the balance of probabilities (matching name, identity documents, detainee's own statements and physical comparison to submitted photograph) and that there was a prima facie case linking the person to the alleged conduct through the cooperating witness' familiarity and identification aided by the photograph and corroborating investigative material; accordingly committal under s.29(1)(a) was ordered.

Court Disposition

Person committed into custody to await determination by the Minister of Justice on surrender to the United States

Orders

  • Commit Mr. Barba-Ruiz into custody to await surrender pursuant to s.29(1)(a) of the Extradition Act
  • Inform Mr. Barba-Ruiz he will not be surrendered until after expiry of 30 days and that he has the right to appeal the committal order and to apply for judicial interim release (s.38(2))