United States v. Jawanda

United States v. Jawanda

Disclosure application dismissed because the requesting state did not rely on Canadian-gathered wiretap/RCMP materials, the cooperating witnesses were interviewed in the United States, and the applicant failed to establish an air of reality or a real risk that reliance on the ROC's presumptive reliability would result in committal on manifestly unreliable evidence; therefore production of the sought Canadian materials was not necessary for the committal determination.

Citation
2009 BCSC 1974
Parties
Requesting State: Attorney General of Canada on behalf of the United States of America; Person Sought: Surjit Singh Jawanda (also known as "Sonny")
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 March 2009
Procedural Posture
Extradition / Pre Committal Disclosure Application (committal Hearing Scheduled)
Outcome
Application for disclosure dismissed
Legal Topics
Disclosure, Record of the Case, Threshold Reliability, Wiretap, Cooperating Witnesses, Identification Evidence, Air of Reality Test
Source Language
English
Extradition Criminal Law Evidence Charter Rights Disclosure Record of the Case Threshold Reliability Wiretap +3 more

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Parties

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

Requesting State

Surjit Singh Jawanda (also known as "Sonny")

Person Sought

Procedural Posture

Extradition / Pre Committal Disclosure Application (committal Hearing Scheduled)

Legal Issues

  1. 1 Whether Canadian-gathered investigative materials (including wiretap materials) summarized in the ROC must be disclosed
  2. 2 Whether applicant established an 'air of reality' that the ROC evidence is manifestly unreliable such that disclosure is required
  3. 3 Whether identification and cooperating-witness evidence justify disclosure for reliability/Charter assessment

Ratio Decidendi

Disclosure application dismissed because the requesting state did not rely on Canadian-gathered wiretap/RCMP materials, the cooperating witnesses were interviewed in the United States, and the applicant failed to establish an air of reality or a real risk that reliance on the ROC's presumptive reliability would result in committal on manifestly unreliable evidence; therefore production of the sought Canadian materials was not necessary for the committal determination.

Court Disposition

Application for disclosure dismissed

Orders

  • Applicant's application for disclosure dismissed
  • No production of RCMP wiretap or other Canadian-gathered materials ordered