Jacqueline Palumbo

The applicant sought an order for the committal of the respondent into custody to await the Minister's decision on extradition to the United Kingdom.

The respondent had been convicted in the UK of conspiracy to evade duty on imported tobacco products and of absconding during his trial.

The court found that the conduct underlying the UK convictions corresponded to Canadian offences, specifically evading duty under the Excise Act, and that the evidence provided by the UK was sufficient to justify committal for trial had the conduct occurred in Canada.

A warrant for committal was issued.

Application under s. 29 of the Extradition Act seeking committal of the respondent for surrender to the United States to face prosecution for conspiracy to traffic marijuana.

The court considered whether the record of the case established a prima facie case and whether the respondent was the person sought.

The evidence consisted primarily of a certified record including information from a cooperating witness involved in the trafficking organization and corroborating investigative details.

The court found the informant evidence sufficiently reliable at the committal stage and concluded there was evidence upon which a properly instructed trier of fact could convict.

The court also found on a balance of probabilities that the respondent was the individual identified in the record.

Committal for extradition was ordered pending the Minister’s surrender decision.

The accused applied for judicial interim release pending an extradition hearing to the United States on charges of conspiracy to traffic marijuana.

The Crown opposed release, citing the reverse onus under section 515(6)(d) of the Criminal Code and the accused's history of failing to comply with court orders.

The court found that the accused's proposed release plan, which relied heavily on electronic monitoring, was insufficient to mitigate the significant flight risk and the risk of continuing criminal activity.

The application for judicial interim release was dismissed and the accused was ordered detained.