United States v. Wilson

United States v. Wilson

The judge found that the certified admissible evidence, taken as a whole and after the limited weighing permitted at extradition, was threshold reliable and disclosed conduct that, if believed by a properly instructed jury, would satisfy the elements of fraud under Canadian law; identity was established and...

Source-derived case information.

Citation
2009 BCSC 1927
Parties
Requesting State: The Attorney General of Canada on behalf of the United States of America; Requested Person: Mark Eldon Wilson; Requested Person: Carrie Hope
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 December 2009
Procedural Posture
Extradition (extradition Act) / Committal Hearing / Decision Ordering Committal
Outcome
Committal ordered
Legal Topics
Double Criminality, Sufficiency of Evidence, Threshold Reliability, Hearsay, Committal, Party Liability (s.21)
Source Language
english
Extradition Criminal Law Fraud Evidence Double Criminality Sufficiency of Evidence Threshold Reliability Hearsay +2 more

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Parties

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

Requesting State

Mark Eldon Wilson

Requested Person

Carrie Hope

Requested Person

Procedural Posture

Extradition (extradition Act) / Committal Hearing / Decision Ordering Committal

Legal Issues

  1. 1 Whether admissible evidence meets s.29(1) test for committal
  2. 2 Whether the conduct satisfies double criminality for fraud under Criminal Code s.380
  3. 3 Whether evidence is threshold reliable and available for trial

Ratio Decidendi

The judge found that the certified admissible evidence, taken as a whole and after the limited weighing permitted at extradition, was threshold reliable and disclosed conduct that, if believed by a properly instructed jury, would satisfy the elements of fraud under Canadian law; identity was established and alternative exculpatory inferences did not render the case unsafe for committal, so committal into custody to await surrender was ordered.

Court Disposition

Committal ordered

Orders

  • Order committal of Mark Eldon Wilson into custody to await surrender
  • Order committal of Carrie Hope into custody to await surrender