United States v. Alan

United States v. Alan

On the evidentiary record before the court the applicant satisfied the Larosa three-part test: the allegations are capable of supporting the remedy sought, there is an air of reality to those allegations, and the nine specified documents are likely relevant; affidavits relied upon (including Bernstein and Jablon)...

Source-derived case information.

Citation
2023 BCSC 2228
Parties
Requesting State / Respondent: The Attorney General of Canada on behalf of the United States of America; Person Sought / Applicant: Sheida Alan aka Sheida Arabi
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 December 2023
Procedural Posture
Extradition (extradition Act) / Disclosure Application in Support of Abuse of Process / Pre Committal
Outcome
Disclosure order granted in part; directed AGC to request specified documents from requesting state's authorities for use by the person sought
Legal Topics
Abuse of Process, Disclosure, Protective Orders, Settlement Agreements, State Agent / Agency, Stay of Proceedings, Larosa Test, Admissibility of Hearsay
Source Language
english
Extradition Criminal Law Civil Procedure Constitutional Law (charter) Evidence Abuse of Process Disclosure Protective Orders +5 more

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Parties

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

Requesting State / Respondent

Sheida Alan aka Sheida Arabi

Person Sought / Applicant

Procedural Posture

Extradition (extradition Act) / Disclosure Application in Support of Abuse of Process / Pre Committal

Legal Issues

  1. 1 Whether the person sought has established an air of reality to an abuse of process claim to justify disclosure from the requesting state
  2. 2 Whether the evidentiary record satisfies the Larosa three-part test (capable of supporting remedy; air of reality; likely relevance)
  3. 3 Admissibility and reliability of affidavits and appended materials (notably Bernstein and Jablon)

Ratio Decidendi

On the evidentiary record before the court the applicant satisfied the Larosa three-part test: the allegations are capable of supporting the remedy sought, there is an air of reality to those allegations, and the nine specified documents are likely relevant; affidavits relied upon (including Bernstein and Jablon) were admissible and sufficiently reliable; because the materials are in the requesting state's hands the appropriate measure is to direct the AGC to seek those materials from the US authorities for use by the person sought rather than attempt a direct compulsion.

Court Disposition

Disclosure order granted in part; directed AGC to request specified documents from requesting state's authorities for use by the person sought

Orders

  • AGC to seek from the requesting state's authorities the July 10, 2018 Case Declination Report prepared by either the USAO or AUSA Eric Beste
  • AGC to seek from the requesting state's authorities the April 28, 2020 Criminal Referral Letter prepared by Marshall Camp of Qualcomm and sent to the USAO