U.S.A. v. Adam

U.S.A. v. Adam

The court denied the stay as premature because the Minister must consider immigration and Charter consequences under s.44; the court found identity established by documentary and photographic evidence and CW identification; and concluded the Record of the Case contains admissible circumstantial evidence (monitored...

Source-derived case information.

Citation
2012 BCSC 969
Parties
Requesting State: Attorney General of Canada on behalf of the United States of America; Requested Person: Acram Adam
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 July 2012
Procedural Posture
Extradition / Committal Hearing
Outcome
Stay of proceedings denied; person committed to custody to await surrender
Legal Topics
Double Criminality, Abuse of Process, Stay of Proceedings, Committal for Extradition, Ministerial Review, Identity and Identification, Evidentiary Sufficiency, Conspiracy Law, Police Agent Evidence, Charter S.7, Charter S.12
Source Language
english
Extradition Criminal Law Constitutional Law Immigration Law Double Criminality Abuse of Process Stay of Proceedings Committal for Extradition +7 more

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Parties

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

Requesting State

Acram Adam

Requested Person

Procedural Posture

Extradition / Committal Hearing

Legal Issues

  1. 1 Whether committal would be an abuse of process and violate ss.7 and 12 of the Charter by causing loss of immigration status and risk of deportation
  2. 2 Whether the person before the court is the person sought by the requesting state
  3. 3 Whether the admissible evidence is sufficient to justify committal under s.29(1)(a) of the Extradition Act

Ratio Decidendi

The court denied the stay as premature because the Minister must consider immigration and Charter consequences under s.44; the court found identity established by documentary and photographic evidence and CW identification; and concluded the Record of the Case contains admissible circumstantial evidence (monitored calls, DEA surveillance, correspondence of quantities and markings) that is sufficiently reliable to justify committal under s.29(1)(a).

Court Disposition

Stay of proceedings denied; person committed to custody to await surrender

Orders

  • Stay of proceedings denied
  • Ordered committed into custody to await surrender under s.29(1)(a) of the Extradition Act, subject to further procedures under the Act