The respondents were subject to an extradition request by the United States for fraud.
During the extradition hearing, the judge ordered the Crown to disclose communications regarding the sharing of Canadian-gathered evidence with American authorities, which the respondents argued breached their Charter rights.
The Crown refused to fully comply with the disclosure orders, invited the judge to discharge the respondents without explanation, and immediately appealed the discharge to challenge the interlocutory disclosure orders.
The Court of Appeal held that the Crown's conduct in forcing an appeal of an interlocutory order without demonstrating a reasonable alternative constituted an abuse of process, and dismissed the appeal without considering the merits of the disclosure orders.
