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B.C. Court of Appeal denied leave to appeal from a MLAT sending order, holding the applicants had not shown a meritorious question of law on cross-examination, warrant validity, or transfer terms.
The court dismissed a temporary stay application in related civil forfeiture proceedings, finding no exceptional circumstances or real and substantial risk of prejudice from parallel U.S. criminal charges.
The court committed Prince Michael Obi into custody for extradition to Thailand, finding the certified record and identification evidence sufficient under the Extradition Act.
Extradition ruling on trafficking allegations, admissibility of the record, reliability, identification, and alleged abuse of process. Committal was ordered.
The court granted a sending order for seized documents under the Mutual Legal Assistance in Criminal Matters Act, with conditions limiting their use and requiring return when no longer needed.
The court committed Jasvir Singh Virdi for extradition to the United States, finding the record supported the Canadian equivalents of currency-reporting and failure-to-attend offences.
Leave to appeal was denied because the challenged issues either raised mixed questions of fact and law rather than pure questions of law, lacked general importance beyond the case, had limited merit on the facts (evidence showed interconnectedness of entities and applicant adduced no contrary evidence), and because the judge at the sending hearing properly exercised the broad discretion conferred by ss.20(1)-(2) MLAT and Pokidyshev by not re‑litigating the antecedent gathering order.
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In this extradition committal hearing, the court held the Record of the Case was sufficient to justify committal of Lakhwinder Singh Johal for surrender to the United States.
The court granted extradition committal under s. 29(1)(b) of the Extradition Act after finding Florida convictions corresponded to Canadian drug and theft offences.
Applying the reasonableness standard and deferring to the Commission’s advantage as the primary fact-finder, the Court found the Commission’s conclusion that there was no convincing and concrete evidence of a Canadian file or transmission to foreign police was reasonable and there was no reviewable error; accordingly the appeal was dismissed.
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