United States of America v. Chandler

United States of America v. Chandler

The disclosure application is dismissed because the Person Sought failed to meet the Larosa air of reality threshold; the materials sought would primarily target witness credibility and advance defenses beyond the scope of an extradition committal inquiry, and certified foreign evidence is presumptively of threshold reliability.

Citation
2017 BCSC 990
Parties
Requesting State: Attorney General of Canada on behalf of the United States of America; Person Sought: Mark John Chandler
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 June 2017
Procedural Posture
Extradition / Pre Committal Disclosure Application Prior to Committal Hearing
Outcome
Disclosure application dismissed; Person Sought remanded to appear for continuation of committal hearing.
Legal Topics
Disclosure, Committal, Threshold Reliability, Larosa Test, Certification of Foreign Evidence, Charter Breach Allegations
Source Language
English
Extradition Law Criminal Law Evidence Law Fraud Disclosure Committal Threshold Reliability Larosa Test +2 more

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Parties

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

Requesting State

Mark John Chandler

Person Sought

Procedural Posture

Extradition / Pre Committal Disclosure Application Prior to Committal Hearing

Legal Issues

  1. 1 Whether the Person Sought established an air of reality under Larosa to justify disclosure
  2. 2 Whether the certified Record of the Case and Supplementary ROC are manifestly unreliable
  3. 3 Whether the evidence meets the threshold reliability for committal under s.29(1)(a) of the Extradition Act

Ratio Decidendi

The disclosure application is dismissed because the Person Sought failed to meet the Larosa air of reality threshold; the materials sought would primarily target witness credibility and advance defenses beyond the scope of an extradition committal inquiry, and certified foreign evidence is presumptively of threshold reliability.

Court Disposition

Disclosure application dismissed; Person Sought remanded to appear for continuation of committal hearing.

Orders

  • Disclosure application dismissed
  • Person remanded to appear on Friday, September 8, 2017 at 10:00 a.m. for the continuation of his committal hearing