U.S.A. v. U.S.

U.S.A. v. U.S.

The court refused the stay for abuse of process and largely refused to admit the s.32(1)(c) evidence except limited portions of the McIntosh affidavit; the ROC as admitted (with excision of the first paragraph about Dr. Williams) is not manifestly unreliable and contains sufficient admissible evidence that a reasonable properly instructed jury could convict on Canadian equivalents of the alleged offences, therefore the person sought is committed to custody to await surrender under s.29(1).

Citation
2012 BCSC 766
Parties
Requesting State: Attorney General of Canada (on behalf of United States of America); Person Sought: U.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 May 2012
Procedural Posture
Extradition / Committal Hearing
Outcome
Application to adduce evidence under s.32(1)(c) largely dismissed except limited admission of McIntosh affidavit for context; Charter applications for stay and exclusion dismissed; Record of the Case admitted with excision; person committed to custody to await surrender.
Legal Topics
Committal Under Extradition Act, Admission of Evidence S.32(1)(c), Abuse of Process and Stay Under Charter Ss.7 and 24, Publication Ban, Ferras Sufficiency Test
Source Language
English
Extradition Criminal Law Constitutional Law Committal Under Extradition Act Admission of Evidence S.32(1)(c) Abuse of Process and Stay Under Charter Ss.7 and 24 Publication Ban Ferras Sufficiency Test

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Parties

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

Requesting State

U.S.

Person Sought

Procedural Posture

Extradition / Committal Hearing

Legal Issues

  1. 1 Whether s.32(1)(c) evidence tendered by the person sought should be admitted
  2. 2 Whether extradition proceedings should be stayed for abuse of process under ss.7 and 24 of the Charter
  3. 3 Whether evidence in the Record of the Case is sufficient under s.29(1) to commit the person sought applying Ferras

Ratio Decidendi

The court refused the stay for abuse of process and largely refused to admit the s.32(1)(c) evidence except limited portions of the McIntosh affidavit; the ROC as admitted (with excision of the first paragraph about Dr. Williams) is not manifestly unreliable and contains sufficient admissible evidence that a reasonable properly instructed jury could convict on Canadian equivalents of the alleged offences, therefore the person sought is committed to custody to await surrender under s.29(1).

Court Disposition

Application to adduce evidence under s.32(1)(c) largely dismissed except limited admission of McIntosh affidavit for context; Charter applications for stay and exclusion dismissed; Record of the Case admitted with excision; person committed to custody to await surrender.

Orders

  • Record of the Case admitted as Exhibit #3 with excision of first paragraph 4 relating to Dr. Williams' anticipated evidence
  • Affidavit of Barrett McIntosh admitted in part as Exhibit #4 for context only