Kenji Trotter v. Attorney General of Canada on behalf of the United States of America
(British Columbia) (Criminal) (By Leave)
Criminal law - Extradition, Committal hearings, Evidence.
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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.
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