U.S.A. v. Cheema et al

U.S.A. v. Cheema et al

There was sufficient documentary and case-law basis to justify holding a voir dire and calling viva voce evidence on whether the conduct of the Montreal Drug Section and the activities of agent Khan in Canada amount to an abuse of process; accordingly the court permitted the voir dire to proceed, while noting the...

Source-derived case information.

Citation
2003 BCSC 1485
Parties
Applicant/requesting State: The Attorney General of Canada on behalf of The United States of America; Respondent: Ranjit Cheema; Respondent: Troy Lorenz; Respondent: Saliendra Narayan
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 September 2003
Procedural Posture
Extradition Proceedings Under the Extradition Act / Voir Dire (abuse of Process Inquiry)
Outcome
Voir dire permitted; viva voce testimony authorized to examine alleged abuse of process primarily concerning Montreal RCMP conduct and agent Khan; limited inquiry into RCMP conduct in Pakistan authorized.
Legal Topics
Abuse of Process, Controlled Delivery, Agent Conduct and Entrapment, Illegal Entry by Foreign Agents, Charter S.24 Remedies, Publication Ban Under Extradition Act S.26
Source Language
english
Extradition Law Criminal Procedure Charter Law International Police Cooperation Abuse of Process Controlled Delivery Agent Conduct and Entrapment Illegal Entry by Foreign Agents +2 more

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Parties

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

Applicant/requesting State

Ranjit Cheema

Respondent

Troy Lorenz

Respondent

Saliendra Narayan

Respondent

Procedural Posture

Extradition Proceedings Under the Extradition Act / Voir Dire (abuse of Process Inquiry)

Legal Issues

  1. 1 Whether RCMP conduct in Canada constituted illegal conduct amounting to abuse of process
  2. 2 Whether RCMP conduct in Pakistan was unlawful and material to extradition
  3. 3 Whether agent Khan acted illegally in Canada and whether he acted with the knowledge or direction of the RCMP or DEA

Ratio Decidendi

There was sufficient documentary and case-law basis to justify holding a voir dire and calling viva voce evidence on whether the conduct of the Montreal Drug Section and the activities of agent Khan in Canada amount to an abuse of process; accordingly the court permitted the voir dire to proceed, while noting the Pakistan conduct issue was of lesser significance.

Court Disposition

Voir dire permitted; viva voce testimony authorized to examine alleged abuse of process primarily concerning Montreal RCMP conduct and agent Khan; limited inquiry into RCMP conduct in Pakistan authorized.

Orders

  • Permitted the fugitives to call evidence on a voir dire and to call viva voce testimony to investigate alleged abuse of process
  • Publication ban pursuant to s.26 of the Extradition Act noted as lifted as of October 22, 2004