C. Weiler

The applicant, sought for extradition to the United States on a charge of murder for hire, applied for an order for additional disclosure relating to the examination of his seized iPhone by Canadian police.

The applicant argued that the Second Revised Record of the Case (SRROC) lacked sufficient information to determine whether the search warrant was validly issued and executed in compliance with the Charter.

The court dismissed the application, finding that the applicant failed to meet the threshold for additional disclosure in extradition proceedings, as the SRROC contained sufficient information to plausibly infer that the evidence was obtained lawfully and the applicant's request amounted to a fishing expedition.

The accused was charged with aggravated assault, use of an imitation firearm, kidnapping, and forcible confinement following an ambush in a parking garage.

The Crown relied on circumstantial evidence, including video surveillance and rental vehicle records, to prove the accused drove the pickup truck used by the assailants.

The court rejected the accused's alibi and found that the only reasonable inference was that he drove the truck.

The court convicted the accused as a party to the aggravated assault, use of an imitation firearm, and kidnapping under s. 21(1)(b) of the Criminal Code, but acquitted him of forcible confinement.