DATE: 20061110

DOCKET: C43844

COURT OF APPEAL FOR ONTARIO

RE: THE UNITED STATES OF AMERICA (Respondent) – and – TUAN ANH NGYUEN (Appellant)

BEFORE: MOLDAVER, SIMMONS and GILLESE JJ.A.

COUNSEL: Giuseppe Cipriano for the appellant Anya Weiler for the respondent

HEARD & ENDORSED: November 9, 2006

On appeal from the decision of Justice Michael J. Quigley of the Superior Court of Justice dated June 16, 2005

A P P E A L B O O K E N D O R S E M E N T

[1] We are not persuaded that the extradition judge erred in holding that there was at least a “scintilla” of reliable evidence to satisfy the essential elements of the offence as set out in the Authority to Proceed. In particular, when the evidence of the undercover officer is viewed in combination with the evidence relating to Mai-Le’s involvement in the alleged conspiracy, we are satisfied that there is some evidence to show that the appellant was aware that the monies being laundered were the proceeds of trafficking in a controlled substance.

[2] Accordingly, we would dismiss the appeal.