United States of America v. Toren

United States of America v. Toren

Certifications by the prosecuting authority must accurately reflect the availability and sufficiency of evidence; where certified records are shown to be inaccurate, outdated or insufficiently verified (including failure to disclose deceased witnesses and reliance on vague substitutions), the statutory presumption of availability and reliability is rebutted and an extradition judge cannot safely order committal. On these facts the record was founded on dated and inaccurately certified evidence, the prosecution failed to verify availability after learning of deficiencies, Mr. Johnson lacked admissible evidence of a specific American victim after exclusion of hearsay, and consequently...

Citation
2012 BCSC 1655
Parties
Requesting State (represented by Attorney General of Canada): Attorney General of Canada on behalf of the United States of America; Person Sought: Harry Toren; Person Sought: Michael Johnson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 October 2012
Procedural Posture
Extradition / Committal Hearing (extradition Hearing)
Outcome
Application for committal dismissed; Mr. Harry Toren and Mr. Michael Johnson discharged.
Legal Topics
Extradition Hearing, Double Criminality, Certification of Evidence, Availability of Evidence, Hearsay and Inadmissible Canadian‑gathered Evidence, Committal for Extradition, Fraud
Source Language
English
Criminal Law Extradition Law Evidence Law Extradition Hearing Double Criminality Certification of Evidence Availability of Evidence Hearsay and Inadmissible Canadian‑gathered Evidence +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

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

Requesting State (represented by Attorney General of Canada)

Harry Toren

Person Sought

Michael Johnson

Person Sought

Procedural Posture

Extradition / Committal Hearing (extradition Hearing)

Legal Issues

  1. 1 Whether the certified Record of the Case is reliable and the certified evidence is available for trial
  2. 2 Whether certified but inaccurate or outdated certifications defeat the presumption of availability and reliability
  3. 3 Whether exclusion of Canadian‑gathered hearsay leaves insufficient evidence to justify committal (particularly in relation to Mr. Johnson)

Ratio Decidendi

Certifications by the prosecuting authority must accurately reflect the availability and sufficiency of evidence; where certified records are shown to be inaccurate, outdated or insufficiently verified (including failure to disclose deceased witnesses and reliance on vague substitutions), the statutory presumption of availability and reliability is rebutted and an extradition judge cannot safely order committal. On these facts the record was founded on dated and inaccurately certified evidence, the prosecution failed to verify availability after learning of deficiencies, Mr. Johnson lacked admissible evidence of a specific American victim after exclusion of hearsay, and consequently...

Court Disposition

Application for committal dismissed; Mr. Harry Toren and Mr. Michael Johnson discharged.

Orders

  • Application for an order for committal dismissed.
  • Harry Toren is discharged.