Tzvi Lexier v. Attorney General of Canada

(Ontario) (Criminal) (By Leave)


Extradition - Committal hearings, Evidence, Powers of extradition judge - Extradition – Committal hearing – Evidence – Powers of extradition judge – Can an extradition judge rely on the evidence of anonymous witnesses when deciding whether to commit an accused – Before surrendering an accused, does the Minister have the obligation to consider whether the Canadian and foreign offences are “of the same essence” – Can an accused be committed or surrendered for offences in an extradition proceeding without having had any opportunity to make submissions on the offences to the extradition judge or to the Minister – Whether the Court of Appeal erred – Whether there was procedural unfairness – Extradition Act, S.C. 1999, c. 18.


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The applicant, Mr. Lexier, manages a business that sold pharmaceuticals to doctors and clinics in the U.S.A. The companies managed by Mr. Lexier generated some $18 million in revenue by acquiring drugs in other countries and selling them in the U.S.A. at a much lower price than those approved by the American regulatory agencies. The Authority to Proceed (“ATP”) authorized the Attorney General to seek a committal on the Canadian charges of fraud and possession of property obtained by crime. Mr. Lexier was ordered committed for extradition. The Minister then surrendered Mr. Lexier to the U.S.A. for the Canadian offences set out in the ATP. The appeal and the application for judicial review were dismissed by the Court of Appeal.