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The court found the Crown met the statutory threshold under ss.31.1-31.8 for the FBI materials and admitted the proffered documents subject to targeted redactions: remove paragraphs 1 and 7 of the June 12, 2017 email and replace paragraph 3 with the edited text specified by the court; majority of Tab 2 admitted as edited and Tabs 1,3,4,5,6,7 admitted in full.
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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.
Extradition judge ordered Anton Kubica committed to await surrender on a murder request, finding the circumstantial record could support a reasonable jury verdict.
Application for disclosure in an extradition case dismissed. The court held the Canadian transactions were peripheral to the prima facie case and did not justify a stay.
The court held that New Zealand police interceptions shared with Canadian police were foreign-obtained evidence, so the Charter did not apply and no voir dire was ordered.
The Court of Appeal dismissed Kerfoot’s appeal and judicial review, upholding committal and surrender in an extradition case involving US narcotics charges.
The appeal was dismissed as an abuse of process because the Crown, having failed to raise or support privilege or international relations concerns below and having in some instances waived privilege, had reasonable alternatives to terminating the extradition proceedings; its deliberate decision to decline compliance and invite termination solely to obtain an immediate appeal was an unfair and abusive exercise of prosecutorial discretion and this court therefore refused to consider the merits of the disclosure orders.
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In this extradition ruling, the court granted reopening and a brief adjournment after new affidavit evidence reported witness deaths and raised fairness concerns under Ferras.
The court reaffirmed a child abuse exception to the Jaffee psychotherapist-patient privilege and held it applied to the accused’s Washington confessions for admissibility purposes.
The court committed Kin Chuen Tommy Ho for extradition to Australia, finding admissible evidence that could justify trial in Canada for heroin-related conspiracy, importation and trafficking offences.
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