Canada (Attorney General) v. Cong

Canada (Attorney General) v. Cong

Despite breaches of s.10(a) and s.10(b) which required exclusion of any statement given by Cong after arrest, the remaining admissible evidence — passport and driver's licence photographs, Constable Wirth's in‑court identification and the certified record of the case (including co‑conspirator testimony and...

Source-derived case information.

Citation
2008 BCSC 630
Parties
Applicant/requesting State: The Attorney General of Canada on behalf of the United States of America; Respondent/person Sought: Huyen Thi Cong
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 May 2008
Procedural Posture
Extradition / Committal Hearing
Outcome
Respondent committed for extradition to the United States of America on charges of conspiracy to traffic marihuana and possession for the purposes of trafficking
Legal Topics
Identification, Committal for Extradition, Conspiracy to Traffic, Possession for Purpose of Trafficking, Charter S.10 Rights, Hearsay and Record of Case Admissibility
Source Language
english
Extradition Criminal Law Evidence Constitutional (charter) Law Identification Committal for Extradition Conspiracy to Traffic Possession for Purpose of Trafficking +2 more

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Parties

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

Applicant/requesting State

Huyen Thi Cong

Respondent/person Sought

Procedural Posture

Extradition / Committal Hearing

Legal Issues

  1. 1 Whether the person before the court is the person sought by the extradition partner (identification on balance of probabilities)
  2. 2 Whether s.10(a) and s.10(b) Charter rights were violated and the effect on admissibility of statements
  3. 3 Whether the evidence in the certified record of the case (ROC) and other admissible material is sufficient to justify committal under s.29(1) of the Extradition Act

Ratio Decidendi

Despite breaches of s.10(a) and s.10(b) which required exclusion of any statement given by Cong after arrest, the remaining admissible evidence — passport and driver's licence photographs, Constable Wirth's in‑court identification and the certified record of the case (including co‑conspirator testimony and transactional details) — sufficed under the Ferras standard to establish identity on a balance of probabilities and to justify committal for extradition for conspiracy to traffic marihuana and possession for the purposes of trafficking.

Court Disposition

Respondent committed for extradition to the United States of America on charges of conspiracy to traffic marihuana and possession for the purposes of trafficking

Orders

  • Exclude any statement given by Huyen Thi Cong after she was arrested by Constable Wirth as obtained in breach of ss.10(a) and 10(b) of the Charter
  • Order that Huyen Thi Cong be committed for extradition to the United States of America