Faiyaz Amir Alibhai

The applicant, sought for extradition to the United States on drug trafficking charges, applied for further disclosure of communications between Canadian and American authorities regarding efforts to locate her.

She argued that the requesting state lied about its efforts to find her and that the seven-year pre-extradition delay constituted an abuse of process.

The court dismissed the application, finding no air of reality to the claims of prejudice from delay or deliberate deception by the requesting state that would justify ordering disclosure at the committal stage.

In an extradition proceeding, the person sought applied for disclosure of communications between Canadian and United States authorities relating to his return to the United States.

The applicant alleged that earlier deportation proceedings in Canada were in fact a disguised extradition process amounting to an abuse of process under the Canadian Charter of Rights and Freedoms.

Applying the test from R. v. Larosa, the court considered whether the allegation had an air of reality and whether the requested materials were likely relevant.

The close timing between the issuance of a U.S. criminal complaint and a Canadian immigration arrest warrant raised a realistic possibility of cross-border communications.

The court held that the allegation was not a fishing expedition and ordered disclosure.

The United States of America sought the extradition of the respondent for the offence of child luring.

The perpetrator communicated with a 17-year-old female online and coerced her into engaging in sexual activity with her 13-year-old sister over a Skype video call.

The communications were traced to an IP address assigned to the respondent at the relevant time.

The court found that the IP subscriber information provided a sufficient foundation for a reliable inference that the respondent was the perpetrator, satisfying the test for committal under the Extradition Act.

The application for committal was granted.