United States of America v. McCalla
On a proper application of the double criminality principle, the evidence supported that the alleged conduct constituted a breach of probation under Canadian law, in particular because of the mandatory probation terms in s.732.1(2); therefore the committal order was justified.
Source-derived case information.
- Citation
- C44625
- Parties
- Respondent: The United States of America; Appellant/person Sought: Kevin George McCALLA aka "MARCUS BRYANT" aka "EDWIN RIVERA"
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 23 March 2006
- Procedural Posture
- Extradition/criminal / Appeal From Committal Order (superior Court of Justice, Nov 30, 2005)
- Outcome
- Appeal dismissed; committal order affirmed.
- Legal Topics
- Double Criminality, Probation Breach, Mandatory Probation Terms, Constitutional Challenges
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
The United States of America
Respondent
Kevin George McCALLA aka "MARCUS BRYANT" aka "EDWIN RIVERA"
Appellant/person Sought
Procedural Posture
Extradition/criminal / Appeal From Committal Order (superior Court of Justice, Nov 30, 2005)
Legal Issues
- 1 Whether the alleged conduct satisfied the double criminality requirement for extradition
- 2 Whether the conduct constituted a breach of probation under Canadian law having regard to mandatory probation terms in s.732.1(2)
- 3 Constitutional challenges to the extradition process (raised but not pursued)
Ratio Decidendi
On a proper application of the double criminality principle, the evidence supported that the alleged conduct constituted a breach of probation under Canadian law, in particular because of the mandatory probation terms in s.732.1(2); therefore the committal order was justified.
Court Disposition
Appeal dismissed; committal order affirmed.
Orders
- Appeal dismissed
- Order of committal dated November 30, 2005 affirmed
Full Case Text
Judgment text and source record
1 paragraphs
United States of America v. McCalla Collection Decisions of the Court of Appeal Date 2006-03-23 Docket numbers C44625 Judges Doherty, David H.; Moldaver, Michael James; Gillese, Eileen E. Subject Criminal Decision Content DATE: 20060323 DOCKET: C44625 COURT OF APPEAL FOR ONTARIO RE: IN THE MATTER OF THE EXTRADITION ACT, S.C. 1999, c. 18 IN THE MATTER OF A REQUEST BY THE UNITED STATES OF AMERICA FOR THE EXTRADITION OF KEVIN GEORGE McCALLA aka “MARCUS BRYANT” aka ‘EDWIN RIVERA” THE UNITED STATES OF AMERICA (Respondent) v. KEVIN GEORGE McCALLA aka “MARCUS BRYANT” aka EDWIN RIVERA” (Appellant/Person Sought) BEFORE: DOHERTY, MOLDAVER and GILLESE JJ.A. COUNSEL: James R.D. Clark for the appellant Robert Goldstein for the respondent HEARD & ENDORSED: March 21, 2006 On appeal from the order of committal entered by Justice T. Dunnet of the Superior Court of Justice dated November 30, 2005. APPEAL BOOK ENDORSEMENT [1] The appellant has raised constitutional issues that have been decided against him by this court. He does not pursue those arguments here. [2] On a proper application of the double criminality principle, there was ample evidence that the alleged conduct constituted a breach of probation under Canadian law, especially having regard to the mandatory probation terms set out in s. 732.1(2).