United States of America v. Pavlicevic

United States of America v. Pavlicevic

The certified ROC is presumptively reliable and the respondent failed to establish an air of reality or evidentiary foundation to rebut that presumption; the booking photograph was admissible and not the product of a challengeable unlawful search in these extradition proceedings; voluntary transmission of the...

Source-derived case information.

Citation
2008 BCSC 410
Parties
Respondent/person Sought: Elio Peter Pavlicevic; Applicant/requesting State: The Attorney General of Canada on behalf of the United States of America
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 April 2008
Procedural Posture
Extradition / Preliminary Motions on Disclosure and Charter Issues; Committal Hearing Scheduled for May 8 9, 2008
Outcome
Respondent's preliminary applications for expanded disclosure, cross-examination of investigators, and exclusion of evidence under ss.7,8 and 24(2) of the Charter dismissed; committal hearing remains scheduled.
Legal Topics
Committal for Extradition, Disclosure Obligations, Hearsay and ROC Certification, Threshold Reliability, Charter Ss.7, 8, 24(2), Admissibility of Identification Evidence, Mlacma/mlat Information Sharing
Source Language
english
Extradition Criminal Law Charter Law Evidence Law Mutual Legal Assistance Committal for Extradition Disclosure Obligations Hearsay and ROC Certification +4 more

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Parties

Elio Peter Pavlicevic

Respondent/person Sought

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

Applicant/requesting State

Procedural Posture

Extradition / Preliminary Motions on Disclosure and Charter Issues; Committal Hearing Scheduled for May 8 9, 2008

Legal Issues

  1. 1 Whether the presumption of reliability attaching to the ROC can be rebutted to require broader disclosure
  2. 2 Whether there is an "air of reality" that ROC evidence is manifestly unreliable
  3. 3 Whether the booking photograph was obtained as a result of an unlawful search and should be excluded under ss.7,8 or 24(2) of the Charter

Ratio Decidendi

The certified ROC is presumptively reliable and the respondent failed to establish an air of reality or evidentiary foundation to rebut that presumption; the booking photograph was admissible and not the product of a challengeable unlawful search in these extradition proceedings; voluntary transmission of the photograph to the DEA did not violate MLACMA/MLAT or the Charter; therefore disclosure, cross-examination and exclusion applications were dismissed.

Court Disposition

Respondent's preliminary applications for expanded disclosure, cross-examination of investigators, and exclusion of evidence under ss.7,8 and 24(2) of the Charter dismissed; committal hearing remains scheduled.

Orders

  • Dismissed application for disclosure of additional statements, notes, recordings, plea agreements and related DEA/RCMP investigative materials
  • Dismissed application to exclude the Booking Photograph or other evidence pursuant to ss.7, 8 and 24(2) of the Charter