United States of America v. Argueta-Gonzalez

United States of America v. Argueta-Gonzalez

Disclosure application dismissed because applicant failed to meet Larosa air-of-reality threshold or provide evidentiary basis showing the ROC is manifestly unreliable or that state misconduct or prejudicial delay occurred; certification presumption of reliability stood unrebutted and the requested materials were not shown to be relevant at the committal stage.

Citation
2017 BCSC 2459
Parties
Requesting State: United States of America; Prosecuting Authority on Behalf of Requesting State: Attorney General of Canada; Person Sought: Hugo Argueta-Gonzalez
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 December 2017
Procedural Posture
Extradition / Disclosure Application (pre Committal)
Outcome
Application for disclosure dismissed
Legal Topics
Disclosure, Charter S.7, Abuse of Process, Delay, Sufficiency and Reliability of Record of Case, Confidential Informant, Intercepted Communications
Source Language
English
Extradition Criminal Law Constitutional Law Controlled Drugs and Substances Act Disclosure Charter S.7 Abuse of Process Delay +3 more

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Parties

United States of America

Requesting State

Attorney General of Canada

Prosecuting Authority on Behalf of Requesting State

Hugo Argueta-Gonzalez

Person Sought

Procedural Posture

Extradition / Disclosure Application (pre Committal)

Legal Issues

  1. 1 Whether additional disclosure (U.S. indictment; informant inducements/plea agreement; intercepted communications/texts) should be ordered in extradition proceedings
  2. 2 Whether the Record of Case is manifestly unreliable such that it breaches s.7 of the Charter or constitutes abuse of process
  3. 3 Whether delay by the requesting state amounts to abuse of process or a s.7 violation

Ratio Decidendi

Disclosure application dismissed because applicant failed to meet Larosa air-of-reality threshold or provide evidentiary basis showing the ROC is manifestly unreliable or that state misconduct or prejudicial delay occurred; certification presumption of reliability stood unrebutted and the requested materials were not shown to be relevant at the committal stage.

Court Disposition

Application for disclosure dismissed

Orders

  • Disclosure application dismissed
  • Person sought to appear for committal hearing on February 14, 2018 at 10:00 a.m. in Vancouver