DATE: 20060323

DOCKET: C44625

COURT OF APPEAL FOR ONTARIO

RE:

IN THE MATTER OF THE EXTRADITION ACT, S.C. 1999, c. 18

IN THE MATTER OF A REQUEST BY THE UNITED STATES OF AMERICA FOR THE EXTRADITION OF KEVIN GEORGE McCALLA aka "MARCUS BRYANT" aka "EDWIN RIVERA"

THE UNITED STATES OF AMERICA (Respondent) v. KEVIN GEORGE McCALLA aka "MARCUS BRYANT" aka "EDWIN RIVERA" (Appellant/Person Sought)

BEFORE:

DOHERTY, MOLDAVER and GILLESE JJ.A.

COUNSEL:

James R.D. Clark

for the appellant

Robert Goldstein

for the respondent

HEARD & ENDORSED:

March 21, 2006

On appeal from the order of committal entered by Justice T. Dunnet of the Superior Court of Justice dated November 30, 2005.

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

[1] The appellant has raised constitutional issues that have been decided against him by this court. He does not pursue those arguments here.

[2] On a proper application of the double criminality principle, there was ample evidence that the alleged conduct constituted a breach of probation under Canadian law, especially having regard to the mandatory probation terms set out in s. 732.1(2).