United States of America v. Cheema et al

United States of America v. Cheema et al

The court found no abuse of process because the RCMP conduct, while imperfect, did not reach the exceptional threshold requiring a stay; Khan was an informant not a DEA agent while in Canada; the extradition hearing was not rendered unfair; Ranjit Cheema was committed for extradition on the certified U.S. charges;...

Source-derived case information.

Citation
2004 BCSC 811
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
16 June 2004
Procedural Posture
Extradition / Extradition Hearing and Committal Decision
Outcome
Application for stay of proceedings and exclusion of evidence dismissed; Ranjit Cheema committed for extradition; Saliendra Narayan and Troy Lorenz discharged.
Legal Topics
Abuse of Process, Committal for Extradition, Controlled Deliveries, Reverse Sting Operations, Agent Versus Informer Distinction, Evidence Exclusion and Stays, Mutual Legal Assistance
Source Language
english
Extradition Law Criminal Law Police Conduct and Oversight International Law and Mutual Legal Assistance Constitutional/charter Law Abuse of Process Committal for Extradition Controlled Deliveries +4 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 / Extradition Hearing and Committal Decision

Legal Issues

  1. 1 Whether RCMP and/or DEA conduct amounted to an abuse of process warranting a stay or exclusion of evidence
  2. 2 Whether Khan acted as an agent of the DEA when in Canada
  3. 3 Whether RCMP conduct in Pakistan or Canada was illegal and vitiates the extradition process

Ratio Decidendi

The court found no abuse of process because the RCMP conduct, while imperfect, did not reach the exceptional threshold requiring a stay; Khan was an informant not a DEA agent while in Canada; the extradition hearing was not rendered unfair; Ranjit Cheema was committed for extradition on the certified U.S. charges; there was insufficient admissible evidence to commit Troy Lorenz and Saliendra Narayan and they were discharged.

Court Disposition

Application for stay of proceedings and exclusion of evidence dismissed; Ranjit Cheema committed for extradition; Saliendra Narayan and Troy Lorenz discharged.

Orders

  • Application for a stay of proceedings dismissed
  • Application to exclude evidence dismissed