USA v. Danielson

USA v. Danielson

The court held the arrest was not arbitrary because the officer reasonably identified the accused despite a name misspelling; the District Attorney's certification satisfied s.33(3)(a) of the Extradition Act so the record was admissible; delay did not violate the Charter because it was primarily caused by the...

Source-derived case information.

Citation
2002 BCSC 1854
Parties
Requesting State/respondent: THE UNITED STATES OF AMERICA; Person Sought/applicant: ERIK K. DANIELSON
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 March 2002
Procedural Posture
Extradition / Extradition Hearing Judgment on Admissibility and Delay Issues
Outcome
Court found in favour of the requesting state: arrest lawful, record admissible, no Charter breach from delay; sufficient evidence to commit for extradition.
Legal Topics
Arbitrary Arrest, Admissibility of Foreign Record, Charter Delay Claims, S.7 Substantive Fairness, S.11(b) Applicability, Certification Under Extradition Act, S.24(2) Exclusion
Source Language
english
Criminal Law Extradition Constitutional Law Procedural Law Arbitrary Arrest Admissibility of Foreign Record Charter Delay Claims S.7 Substantive Fairness +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

THE UNITED STATES OF AMERICA

Requesting State/respondent

ERIK K. DANIELSON

Person Sought/applicant

Procedural Posture

Extradition / Extradition Hearing Judgment on Admissibility and Delay Issues

Legal Issues

  1. 1 Whether the arrest was arbitrary under s.9 of the Charter and whether identification evidence should be excluded
  2. 2 Whether the record submitted by the United States met the certification requirement of s.33(3)(a) of the Extradition Act and is admissible
  3. 3 Whether delay in commencing extradition proceedings violated ss.7 or 11(b) of the Charter and warranted a stay

Ratio Decidendi

The court held the arrest was not arbitrary because the officer reasonably identified the accused despite a name misspelling; the District Attorney's certification satisfied s.33(3)(a) of the Extradition Act so the record was admissible; delay did not violate the Charter because it was primarily caused by the accused's flight and did not compromise the fairness of the extradition hearing; therefore the requirements for committal under the Extradition Act were met.

Court Disposition

Court found in favour of the requesting state: arrest lawful, record admissible, no Charter breach from delay; sufficient evidence to commit for extradition.

Orders

  • Requirements of the Extradition Act satisfied and accused committed for trial in the United States
  • Accused may not be surrendered until the 30-day appeal period has expired