United States of America v. Trotter

United States of America v. Trotter

The applications were dismissed because the Record of the Case, certified under the Extradition Act, is presumptively reliable; disclosure of co‑accused criminal records to attack credibility is outside the narrow scope of extradition disclosure; there is no air of reality to the s.7 abuse of process claim based on...

Source-derived case information.

Citation
2013 BCSC 813
Parties
Requesting State: United States of America; Person Sought: Kemgi Trotter
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 May 2013
Procedural Posture
Extradition / Committal Stage / Preliminary Hearing
Outcome
Applications for disclosure and for a Charter voir dire dismissed
Legal Topics
Abuse of Process, Disclosure, Voir Dire, Co‑conspirator Evidence, Plea Bargaining, Threshold Reliability, Stay of Proceedings
Source Language
english
Extradition Criminal Law Constitutional Law Evidence Abuse of Process Disclosure Voir Dire Co‑conspirator Evidence +3 more

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Parties

United States of America

Requesting State

Kemgi Trotter

Person Sought

Procedural Posture

Extradition / Committal Stage / Preliminary Hearing

Legal Issues

  1. 1 Whether the criminal records of co-accused must be disclosed in an extradition committal hearing
  2. 2 Whether the evidence of cooperating co-conspirators rendered the Record of the Case manifestly unreliable
  3. 3 Whether there is an air of reality to a s.7 Charter abuse of process claim based on plea deals and pressure to name co‑conspirators

Ratio Decidendi

The applications were dismissed because the Record of the Case, certified under the Extradition Act, is presumptively reliable; disclosure of co‑accused criminal records to attack credibility is outside the narrow scope of extradition disclosure; there is no air of reality to the s.7 abuse of process claim based on plea bargaining and co‑operator testimony, and the extraordinary remedy of a stay is not supported.

Court Disposition

Applications for disclosure and for a Charter voir dire dismissed

Orders

  • Application for disclosure of the criminal records of Aaron Van Camp and Darryl Jackson denied
  • No Charter voir dire ordered; extradition committal process to proceed without the requested additional disclosure