USA v. Ibrahim

USA v. Ibrahim

The applicant failed to establish an 'air of reality' that an unwritten promise of immunity was made by the U.S. attorney such that disclosure would likely substantiate a stay for abuse of process; accordingly the disclosure application is dismissed. Further, the extradition judge will not determine the legal effect of any alleged unwritten agreement under U.S. law. Where appropriate the court may direct the Department of Justice to request materials from the requesting state but cannot order direct production against the United States.

Citation
2011 BCSC 357
Parties
Requesting State: Attorney General of Canada on behalf of the United States of America; Person Sought: Ali Ibrahim
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 March 2011
Procedural Posture
Extradition / Pre Committal Hearing on Disclosure Application and Abuse of Process Stay Application
Outcome
Disclosure application dismissed for failure to establish an air of reality; no order compelling direct production from the United States; direction that Department of Justice request materials if appropriate
Legal Topics
Abuse of Process, Disclosure, Immunity, Proffer Agreements, Solicitor Client Privilege, Interpretation of Foreign Law
Source Language
English
Extradition Criminal Law International Law Procedural Law Abuse of Process Disclosure Immunity Proffer Agreements +2 more

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Parties

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

Requesting State

Ali Ibrahim

Person Sought

Procedural Posture

Extradition / Pre Committal Hearing on Disclosure Application and Abuse of Process Stay Application

Legal Issues

  1. 1 Whether the court has jurisdiction to order production of materials held by the requesting state
  2. 2 Whether there is an 'air of reality' to the Applicant's allegation of an unwritten immunity/promise by a U.S. attorney
  3. 3 Whether the Larosa three-part test for disclosure on allegations of state misconduct is met

Ratio Decidendi

The applicant failed to establish an 'air of reality' that an unwritten promise of immunity was made by the U.S. attorney such that disclosure would likely substantiate a stay for abuse of process; accordingly the disclosure application is dismissed. Further, the extradition judge will not determine the legal effect of any alleged unwritten agreement under U.S. law. Where appropriate the court may direct the Department of Justice to request materials from the requesting state but cannot order direct production against the United States.

Court Disposition

Disclosure application dismissed for failure to establish an air of reality; no order compelling direct production from the United States; direction that Department of Justice request materials if appropriate

Orders

  • Disclosure application dismissed
  • No order that the United States directly produce the requested materials