Kenji Trotter v. Attorney General of Canada on behalf of the United States of America

(British Columbia) (Criminal) (By Leave)




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Criminal law – Extradition – Committal hearings – Evidence – What is the test for the admission of defence evidence under section 32(1)(c) of the Extradition Act? – Is the extradition judge permitted to consider co-conspirators’ hearsay in determining whether there is a prima facie case? – Extradition Act, S.C. 1999, c. 18, s. 32(1)(c).

The United States sought the Applicant’s extradition for conduct corresponding to the Canadian offences of conspiracy to traffic in a controlled substance and trafficking in a controlled substance. On May 7, 2012, a delegate of the Minister of Justice issued an Authority to Proceed under section 15 of the Extradition Act, S.C. 1999, c. 18 (the “Act”), authorizing the Attorney General of Canada to seek the Applicant’s extradition. During the course of the extradition hearing, the Applicant brought an application pursuant to section 32(1)(c) of the Act to adduce evidence in the form of an affidavit from an alleged co-conspirator with a view to demonstrating that the prosecution’s key witness and others had lied to American authorities. The Applicant’s position was that the record of the case filed at the extradition hearing was manifestly unreliable and was not capable of supporting an order for his committal.

Lower Court Rulings

September 25, 2013
Supreme Court of British Columbia

2013 BCSC 1764
Application to adduce evidence denied.
October 30, 2013
Supreme Court of British Columbia

26118, 2013 BCSC 1985
Committal order for extradition issued.
October 1, 2015
Court of Appeal for British Columbia (Vancouver)

CA41323, 2015 BCCA 413
Appeal dismissed.