United States of America v. Hay

United States of America v. Hay

The applicant failed to demonstrate an 'air of reality' that documents in Canadian authorities' possession would establish a Charter violation or abuse of process; therefore the committal judge must refuse the broad disclosure request because a committal hearing is not a discovery procedure and disclosure is limited to what is necessary for the prima facie case.

Citation
2004 BCSC 421
Parties
Applicant (fugitive Seeking Disclosure): Patrick Hay; Requesting State: United States of America; Respondent (canadian Authority): Department of Justice (Canada)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 March 2004
Procedural Posture
Extradition / Committal Hearing Disclosure Application
Outcome
Application for disclosure dismissed.
Legal Topics
Extradition Delay, Disclosure Obligations, Abuse of Process, Section 7 Charter, Committal Hearing, Air of Reality Test
Source Language
English
Extradition Criminal Law Constitutional Law Procedural Law Extradition Delay Disclosure Obligations Abuse of Process Section 7 Charter +2 more

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Parties

Patrick Hay

Applicant (fugitive Seeking Disclosure)

United States of America

Requesting State

Department of Justice (Canada)

Respondent (canadian Authority)

Procedural Posture

Extradition / Committal Hearing Disclosure Application

Legal Issues

  1. 1 Whether Canadian authorities must disclose communications concerning an earlier alleged US decision not to extradite
  2. 2 Whether the long delay in seeking extradition amounts to an abuse of process reviewable at committal
  3. 3 Whether there is an 'air of reality' that Canadian-held materials would establish a Charter breach or illegal Canadian involvement

Ratio Decidendi

The applicant failed to demonstrate an 'air of reality' that documents in Canadian authorities' possession would establish a Charter violation or abuse of process; therefore the committal judge must refuse the broad disclosure request because a committal hearing is not a discovery procedure and disclosure is limited to what is necessary for the prima facie case.

Court Disposition

Application for disclosure dismissed.

Orders

  • Application for disclosure refused.