L. Adler

The United States sought the extradition of the applicant for her alleged role in a telemarketing fraud scheme.

The applicant brought an application for exceptional disclosure, the right to cross-examine police officers, and a stay of proceedings, alleging that the arrest warrant was obtained through deception and executed in violation of her Charter rights.

The Superior Court of Justice dismissed the application, finding no air of reality to the allegations of police misconduct, no Charter breaches, and no nexus between the alleged conduct and the extradition committal hearing.

The appellant appealed his conviction for driving 'over 80', arguing his s. 10(b) Charter right to counsel was breached when police failed to facilitate contact with his lawyer of choice at the roadside.

The summary conviction appeal judge found the trial judge erred by focusing solely on the appellant's due diligence without first determining whether the police had fulfilled their initial implementation duties under s. 10(b).

The appeal was allowed and a new trial ordered.