U.S.A. v. Costanzo

U.S.A. v. Costanzo

The appeal is dismissed because the extradition judge did not err in refusing disclosure absent any air of reality of misconduct or unavailability, and, even excluding Canadian‑gathered evidence inadmissible under Anekwu, the remaining foreign evidence and viva voce testimony provided ample reliable evidence to...

Source-derived case information.

Citation
2009 BCCA 120
Parties
Respondent (applicant): The Attorney General of Canada on behalf of The United States of America; Appellant (respondent): Carmen Costanzo
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
13 March 2009
Procedural Posture
Extradition — Committal Appeal / Appeal From Order of Committal Under Extradition Act S.49 (review Under Ss.53 54)
Outcome
Appeal dismissed; Order of Committal affirmed.
Legal Topics
Committal Hearing, Disclosure, Hearsay Summaries in Record of the Case, Admissibility, Air of Reality Test, Availability of Witnesses, Correspondence of Foreign Offences
Source Language
english
Extradition Law Criminal Law Evidence Constitutional/charter Law Committal Hearing Disclosure Hearsay Summaries in Record of the Case Admissibility +3 more

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Parties

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

Respondent (applicant)

Carmen Costanzo

Appellant (respondent)

Procedural Posture

Extradition — Committal Appeal / Appeal From Order of Committal Under Extradition Act S.49 (review Under Ss.53 54)

Legal Issues

  1. 1 Whether the extradition judge erred in refusing disclosure of Canadian police procedure evidence
  2. 2 Whether the extradition judge erred in refusing disclosure about possible deaths of witnesses listed in the ROC
  3. 3 Whether the Committal Order remains supportable absent Canadian‑gathered evidence rendered inadmissible by Anekwu

Ratio Decidendi

The appeal is dismissed because the extradition judge did not err in refusing disclosure absent any air of reality of misconduct or unavailability, and, even excluding Canadian‑gathered evidence inadmissible under Anekwu, the remaining foreign evidence and viva voce testimony provided ample reliable evidence to support the Order of Committal; no substantial wrong or miscarriage of justice occurred.

Court Disposition

Appeal dismissed; Order of Committal affirmed.

Orders

  • Dismissal of appeal
  • Order of Committal under s.29(1)(a) of the Extradition Act maintained; no new extradition hearing ordered