U.S.A. v. Welch and Romero

U.S.A. v. Welch and Romero

The application for disclosure is dismissed because the applicants failed to establish an "air of reality" to their abuse of process claim; communications between US and Canadian authorities were legitimate and consistent with bona fide immigration enforcement; substantial disclosure already exists; and the court will not order production of material held only by the requesting state absent clear basis.

Citation
2007 BCSC 1567
Parties
Requesting State: United States of America; Record Holder: Minister of Citizenship and Immigration and Minister of Public Safety and Emergency Preparedness; Person Sought: Michael John Welch II; Person Sought: Lori Lynn Romero
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 March 2007
Procedural Posture
Extradition / Disclosure Application (pre Committal)
Outcome
Disclosure application dismissed
Legal Topics
Abuse of Process, Double Jeopardy / Dual Sovereignty, Disclosure, Privacy Act, Stay of Proceedings
Source Language
English
Extradition Immigration Law Criminal Law International Cooperation Abuse of Process Double Jeopardy / Dual Sovereignty Disclosure Privacy Act +1 more

Case Brief

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Parties

United States of America

Requesting State

Minister of Citizenship and Immigration and Minister of Public Safety and Emergency Preparedness

Record Holder

Michael John Welch II

Person Sought

Lori Lynn Romero

Person Sought

Procedural Posture

Extradition / Disclosure Application (pre Committal)

Legal Issues

  1. 1 Whether there is an "air of reality" to an abuse of process claim justifying disclosure
  2. 2 Whether Canadian authorities acted in bad faith or engaged in a disguised extradition by preferring deportation
  3. 3 Whether communications between US and Canadian authorities amount to misconduct

Ratio Decidendi

The application for disclosure is dismissed because the applicants failed to establish an "air of reality" to their abuse of process claim; communications between US and Canadian authorities were legitimate and consistent with bona fide immigration enforcement; substantial disclosure already exists; and the court will not order production of material held only by the requesting state absent clear basis.

Court Disposition

Disclosure application dismissed

Orders

  • Disclosure application dismissed for failure to establish an air of reality to abuse of process
  • Application to order disclosure to create a record for the Minister dismissed