United States of America v. Bains

United States of America v. Bains

The ROC was admissible and presumptively reliable, double criminality was conceded, identity was admitted, and no evidence rebutted the presumption of reliability; therefore the ROC supplied evidence upon which a reasonable jury could convict and committal under s.29(1)(a) was ordered.

Citation
2020 BCSC 1445
Parties
Requesting State: The Attorney General of Canada on behalf of the United States of America; Person Sought: Narinder Singh Bains
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 September 2020
Procedural Posture
Extradition (committal Hearing Under the Extradition Act) / Committal Hearing/order for Committal to Await Surrender
Outcome
Ordered committal to await surrender to the United States for prosecution.
Legal Topics
Committal, Double Criminality, Admissibility of Record of Case (roc), Manifest Unreliability, Identification Evidence
Source Language
English
Extradition Law Criminal Law Sexual Offences Committal Double Criminality Admissibility of Record of Case (roc) Manifest Unreliability Identification Evidence

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Parties

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

Requesting State

Narinder Singh Bains

Person Sought

Procedural Posture

Extradition (committal Hearing Under the Extradition Act) / Committal Hearing/order for Committal to Await Surrender

Legal Issues

  1. 1 Whether the ROC contains evidence admissible and sufficient to justify committal under s.29(1)(a) of the Extradition Act
  2. 2 Whether the double criminality requirement is met
  3. 3 Whether the person before the court is the person sought

Ratio Decidendi

The ROC was admissible and presumptively reliable, double criminality was conceded, identity was admitted, and no evidence rebutted the presumption of reliability; therefore the ROC supplied evidence upon which a reasonable jury could convict and committal under s.29(1)(a) was ordered.

Court Disposition

Ordered committal to await surrender to the United States for prosecution.

Orders

  • Commit Narinder Singh Bains to custody at North Fraser Pre-Trial Centre to await determination by the Minister of Justice regarding surrender to the United States
  • Transmit to the Minister of Justice a copy of the committal order, any evidence adduced at the hearing not already transmitted, and a written version of these reasons (pursuant to s.38(1) and s.38(2) of the Extradition Act)