U.S.A. v. Rosenau

U.S.A. v. Rosenau

Although Ferras permits an extradition judge to order limited weighing of evidence and to give no weight to unreliable or unavailable evidence without invoking a Charter remedy, an order for additional disclosure requires an evidentiary foundation or 'air of reality' that disclosure would reveal facts undermining the presumption of reliability; the mere fact that the principal witness is an accomplice does not, by itself, meet that threshold, and on the facts here the application for disclosure is dismissed.

Citation
2009 BCSC 125
Parties
Requesting State: The Attorney General of Canada on behalf of the United States of America; Person Sought: Henry C. Rosenau
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 February 2009
Procedural Posture
Extradition (in the Matter of the Extradition Act) / Committal Stage (extradition Hearing)
Outcome
Application for disclosure dismissed.
Legal Topics
Disclosure, Accomplice Evidence, Threshold Reliability, Plea Agreements, Committal Sufficiency
Source Language
English
Criminal Law Extradition Law Constitutional (charter) Law Evidence Law Disclosure Accomplice Evidence Threshold Reliability Plea Agreements +1 more

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Parties

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

Requesting State

Henry C. Rosenau

Person Sought

Procedural Posture

Extradition (in the Matter of the Extradition Act) / Committal Stage (extradition Hearing)

Legal Issues

  1. 1 Whether disclosure at the committal stage is available only where a Charter breach is alleged
  2. 2 Whether the status of a witness as an accomplice (Whelpley) alone establishes a sufficient basis to order disclosure of plea agreements and related materials

Ratio Decidendi

Although Ferras permits an extradition judge to order limited weighing of evidence and to give no weight to unreliable or unavailable evidence without invoking a Charter remedy, an order for additional disclosure requires an evidentiary foundation or 'air of reality' that disclosure would reveal facts undermining the presumption of reliability; the mere fact that the principal witness is an accomplice does not, by itself, meet that threshold, and on the facts here the application for disclosure is dismissed.

Court Disposition

Application for disclosure dismissed.

Orders

  • Application for disclosure dismissed.