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The Court of Appeal for Ontario dismissed a review of an extradition detention order, upheld the flight-risk analysis, and refused fresh evidence of arthritis.
The extradition judge erred in law by treating the ROC as a statement of evidence and drawing adverse inferences from its omissions, thereby conducting substantive weighing beyond the limited role permitted; the judge was also unreasonable in failing to accept reasonable inferences available from the ROC (possession of MIMM login credentials and Bitcoin tracing to exchange accounts opened in the respondent's name), and the discharge was set aside and committal ordered.
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The court accepted the experienced Crown and defence joint submission of a 15-year global sentence as proportionate given the seriousness of a conspiracy to murder, the accused's prominent role and the significant community and individual harms, balanced against plea, remorse, rehabilitation prospects and custodial hardships. The judge applied credit of 1.5:1 for 756 days in Puerto Rico (1,134 days) and 2:1 for 742 days in BC (1,484 days), totalling 2,618 days (7 years 2 months) credit against the 15-year sentence, leaving an effective remainder of seven years ten months. Ancillary orders und…
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Motion by the Criminal Lawyers’ Association (Ontario) to intervene in an extradition bail review was dismissed because its submissions duplicated the respondent’s position.
The court ordered Matthew Aron Cuppen committed for extradition to the United States, rejecting arguments that the Record of the Case was manifestly unreliable.
The court accepted the joint submission and imposed one day in custody because, on the particular facts, the aggravating nature of the offence was outweighed by significant mitigating and collateral factors: the offender's long custodial sentence in Colorado, the detainer's negative effect on parole (causal connection), lengthy delay and resulting evidentiary issues, the guilty plea, rehabilitation efforts, and the application of the totality principle; the court found these circumstances justified accepting a joint submission that would otherwise appear lenient for a brutal weaponized mansla…
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The court granted committal in an extradition case, finding a prima facie fraud case based on the ROC and witness evidence, and rejecting objections to identification and reliability.
The court held that the certified extradition record was sufficiently reliable to support a prima facie case of fraud and ordered Terrance Shawn Phillips committed.
In this extradition case, the court dismissed Ms. Alan's abuse of process application and refused to stay proceedings, finding no proven state misconduct by U.S. authorities.
The Supreme Court of British Columbia ordered committal in an extradition matter, finding a prima facie case that Sheida Alan was a party to a Qualcomm fraud scheme.
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