Republic of France v. Wang

Republic of France v. Wang

The judge found the primary ground (risk of flight) was not engaged because the accused, though not ordinarily resident, met the onus to show detention was not justified given weaker strength of the case than alleged, absence of criminal record or flight history, substantial ties to Canada and available security; accordingly the accused was released pending the extradition hearing on a recognizance secured by pledging $1,000,000 equity in his home and a surety deposit of $200,000 subject to specific conditions.

Citation
2014 BCSC 2689
Parties
Requesting State: The Attorney General of Canada on behalf of the Republic of France; Person Sought: Jie Lu Wang
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 July 2014
Procedural Posture
Extradition — Judicial Interim Release Under the Extradition Act / Judicial Interim Release Hearing (in Chambers)
Outcome
Released pending extradition hearing on conditions
Legal Topics
Judicial Interim Release, Flight Risk, Recognizance and Surety, Conditions of Release, Surrender of Passport, Primary/secondary/tertiary Grounds Under S.515
Source Language
English
Extradition Criminal Law Bail and Pre Trial Release Money Laundering Judicial Interim Release Flight Risk Recognizance and Surety Conditions of Release +2 more

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Parties

The Attorney General of Canada on behalf of the Republic of France

Requesting State

Jie Lu Wang

Person Sought

Procedural Posture

Extradition — Judicial Interim Release Under the Extradition Act / Judicial Interim Release Hearing (in Chambers)

Legal Issues

  1. 1 Whether the primary ground for detention (risk of flight) under s.515 Criminal Code is engaged
  2. 2 Whether the strength of the case supports continued detention
  3. 3 Whether conditions of release can mitigate the flight risk

Ratio Decidendi

The judge found the primary ground (risk of flight) was not engaged because the accused, though not ordinarily resident, met the onus to show detention was not justified given weaker strength of the case than alleged, absence of criminal record or flight history, substantial ties to Canada and available security; accordingly the accused was released pending the extradition hearing on a recognizance secured by pledging $1,000,000 equity in his home and a surety deposit of $200,000 subject to specific conditions.

Court Disposition

Released pending extradition hearing on conditions

Orders

  • Release upon entering a recognizance secured by pledging equity of his home in the amount of $1,000,000 and a surety deposit of $200,000
  • Registry directed not to require an appraisal and to rely on ownership documents for property value