United States of America v. Alan

United States of America v. Alan

The certified Record of the Case and supplements provided admissible evidence that, if believed, would permit a jury to convict: they establish dishonesty and a risk of deprivation and support the inference that the applicant was a party to the fraud as principal or aider; accordingly the s.29(1)(a) committal test is met and committal is justified.

Citation
2025 BCSC 2212
Parties
Requesting State/respondent: Attorney General of Canada (on behalf of the United States of America); Person Sought/applicant: Sheida Alan (also known as Sheida Arabi)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 November 2025
Procedural Posture
Extradition / Committal Hearing / Judgment for Committal (s.29(1)(a) Extradition Act)
Outcome
Committal ordered; person committed into custody to await surrender to the Requesting State
Legal Topics
Committal, Double Criminality, Prima Facie Evidence, Aiding and Abetting, Certification of Record of the Case, Elements of Fraud (actus Reus and Mens Rea)
Source Language
English
Extradition Criminal Law Fraud International Law Civil Litigation Committal Double Criminality Prima Facie Evidence +3 more

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Parties

Attorney General of Canada (on behalf of the United States of America)

Requesting State/respondent

Sheida Alan (also known as Sheida Arabi)

Person Sought/applicant

Procedural Posture

Extradition / Committal Hearing / Judgment for Committal (s.29(1)(a) Extradition Act)

Legal Issues

  1. 1 Whether the person before the court is the person sought
  2. 2 Whether the certified Record of the Case and supplements are admissible and reliable
  3. 3 Whether the admissible evidence establishes a prima facie case of fraud under Canadian law (s.380(1) Criminal Code)

Ratio Decidendi

The certified Record of the Case and supplements provided admissible evidence that, if believed, would permit a jury to convict: they establish dishonesty and a risk of deprivation and support the inference that the applicant was a party to the fraud as principal or aider; accordingly the s.29(1)(a) committal test is met and committal is justified.

Court Disposition

Committal ordered; person committed into custody to await surrender to the Requesting State

Orders

  • Person committed into custody to await surrender to the United States of America pursuant to s.29(1)(a) of the Extradition Act
  • Identification admitted; certified Record of the Case and supplements admitted as evidence for committal