U.S.A. v. Su Bin

U.S.A. v. Su Bin

On the certified ROCs and admissible evidence the court was satisfied, after limited weighing, that a reasonable properly instructed jury could convict the defendant of offences under s.342.1 Criminal Code and s.4(2) Security of Information Act: identification was established on the balance of probabilities; metadata, document content and corporate forensic evidence linked files to manufacturers and to email accounts attributed to the defendant; the evidence was not shown to be manifestly unreliable and satisfied the committal threshold.

Citation
2015 BCSC 1586
Parties
Requesting State: Attorney General of Canada on behalf of the United States of America; Person Sought: Su Bin (aka Stephen Su; aka Stephen Subin; aka Steven Subin)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 September 2015
Procedural Posture
Extradition (committal Hearing Under the Extradition Act) / Committal Ordered; Remand to Await Surrender
Outcome
Committal ordered. Su Bin committed for extradition to await surrender on offences specified in the Authority to Proceed; remanded into custody.
Legal Topics
Unauthorized Use of Computer (s.342.1 Criminal Code), Security of Information (s.4(2) Security of Information Act), Double Criminality, Evidence Admissibility and Certification of Record of the Case, Identification and Metadata Evidence
Source Language
English
Extradition Criminal Law National Security Computer Crime Export Controls Unauthorized Use of Computer (s.342.1 Criminal Code) Security of Information (s.4(2) Security of Information Act) Double Criminality +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 15 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

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

Requesting State

Su Bin (aka Stephen Su; aka Stephen Subin; aka Steven Subin)

Person Sought

Procedural Posture

Extradition (committal Hearing Under the Extradition Act) / Committal Ordered; Remand to Await Surrender

Legal Issues

  1. 1 Whether the person before the court is the person named in the ROCs (identification)
  2. 2 Whether the ROCs are admissible and sufficiently reliable
  3. 3 Whether the admissible evidence is sufficient to justify committal for offences under s.342.1 Criminal Code and s.4(2) Security of Information Act (reasonable jury standard)

Ratio Decidendi

On the certified ROCs and admissible evidence the court was satisfied, after limited weighing, that a reasonable properly instructed jury could convict the defendant of offences under s.342.1 Criminal Code and s.4(2) Security of Information Act: identification was established on the balance of probabilities; metadata, document content and corporate forensic evidence linked files to manufacturers and to email accounts attributed to the defendant; the evidence was not shown to be manifestly unreliable and satisfied the committal threshold.

Court Disposition

Committal ordered. Su Bin committed for extradition to await surrender on offences specified in the Authority to Proceed; remanded into custody.

Orders

  • Order committing Su Bin to custody to await surrender on the offences set out in the Authority to Proceed
  • Remand into custody to await surrender