USA v. Johal

USA v. Johal

Considering the Record of the Case as a whole, including intercepted calls referencing the defendant by name and nickname, Jaswal's identification (voice and photograph) notwithstanding limited foundational detail, surveillance evidence of the trip to California, and the border seizure of $90,000, there is some evidence upon which a properly instructed reasonable jury could convict; therefore committal for surrender is justified under the Ferras/Shephard standard.

Citation
2011 BCSC 1068
Parties
Requesting State: Attorney General of Canada on behalf of the United States of America; Person Sought: Lakhwinder Singh Johal also known as Lucky Johal
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 July 2011
Procedural Posture
Extradition / Committal Hearing / Decision on Committal Under the Extradition Act
Outcome
Respondent committed for surrender to the United States; committal order made
Legal Topics
Committal Test, Double Criminality, Identification Evidence, Admissibility of Foreign Record of Case, Wiretap Evidence, Surveillance Evidence, Failure to Report Currency
Source Language
English
Extradition Criminal Law Drug Offences Money Laundering Evidence Law International Cooperation Committal Test Double Criminality +5 more

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Parties

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

Requesting State

Lakhwinder Singh Johal also known as Lucky Johal

Person Sought

Procedural Posture

Extradition / Committal Hearing / Decision on Committal Under the Extradition Act

Legal Issues

  1. 1 Whether the evidence in the Record of the Case is sufficient to justify committal for trial
  2. 2 Whether the double criminality requirement is satisfied
  3. 3 Whether identity of the accused is established prima facie

Ratio Decidendi

Considering the Record of the Case as a whole, including intercepted calls referencing the defendant by name and nickname, Jaswal's identification (voice and photograph) notwithstanding limited foundational detail, surveillance evidence of the trip to California, and the border seizure of $90,000, there is some evidence upon which a properly instructed reasonable jury could convict; therefore committal for surrender is justified under the Ferras/Shephard standard.

Court Disposition

Respondent committed for surrender to the United States; committal order made

Orders

  • Respondent Lakhwinder Singh Johal committed into custody to await surrender pursuant to s.29 of the Extradition Act
  • Transmit a copy of the committal order and all exhibits introduced at the hearing to the Minister under s.38 of the Extradition Act