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The trial judge reasonably inferred specific intent as to one targeted witness from the appellant's recorded statements and the circumstantial evidence; the divergent verdicts were rationally reconcilable because the evidentiary cogency of intent differed between the two counts, therefore the conviction must be upheld and the appeal dismissed.
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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.
The Federal Court allowed judicial review of a PRRA refusal, finding the officer failed to address perceived sexual orientation and made an unexplained credibility-based insufficiency finding.
The Federal Court allowed judicial review, finding the RAD’s sole-agent-of-persecution analysis did not add up on the record and remitted the matter.
The appeal was dismissed because the trial judge did not misapprehend the evidence in a manner that caused a miscarriage of justice; the judge reasonably relied on the appellant's inconsistent testimony that he was standing in the doorway and would not permit the complainant to leave, and the stringent Lohrer/Sinclair standard for appellate intervention was not met.
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The Federal Court dismissed judicial review of a temporary visitor visa refusal, holding the officer’s concerns were about insufficient financial evidence, not a veiled credibility finding.
The Federal Court allowed judicial review of a study-permit refusal, finding a procedural fairness breach where credibility concerns about the sponsor relationship were not put to the applicant.
The trial judge committed an error of law by failing to consider material evidence (the handgun was found with a magazine and the accused admitted prior firing); under s.2 of the Criminal Code and the precedent in R. v. Watkins a complete handgun capable of firing when loaded is a firearm, so the acquittals were set aside, convictions entered on counts 9 and 16, and a new trial ordered on specified counts.
Source excerpt
The Federal Court granted judicial review, finding the RAD’s treatment of corroborative evidence lacked an intelligible chain of analysis and was unreasonable.
In this extradition committal decision, Lim was committed for surrender on a conspiracy-to-traffick allegation, while Baruca was discharged for lack of a completed agreement.
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