Court of Appeal for Ontario

Citation: United States of America v. Huynh, 2007 ONCA 846

Date: 2007-12-05

Docket: C46395

Before: Rosenberg, MacPherson and Simmons JJ.A.

Between:

The United States of America Respondent

and

My Ngoc Huynh Appellant

Counsel: Paul Calarco for the appellant Chris de Sa for the respondent

Heard and endorsed: December 3, 2007

On appeal from the committal order of Justice Lucien Beaulieu of the Superior Court of Justice dated September 20, 2006.

Appeal Book Endorsement

[1] The appellant’s submission essentially comes down to the proposition that the demanding state did not produce reliable evidence because the means of knowledge, especially of Special Agent McLeod, were not disclosed. We do not agree. The record and supplementary record provide detailed information as to nature of the prosecution and the special agent’s means of knowledge. As declared in the ROC and Supplemental ROC the various members of the company including the appellant were under electronic and physical surveillance for many months. The special agent became very familiar with the expressions used and subsequent seizures of drugs confirmed his understanding. There was adequate material in the ROC and Supplemental ROC to demonstrate the reliability of the evidence and confirm the appellant’s identity.

[2] Finally, it was open to the extradition judge to interpret the material relating to the bail of Son in the manner that he did.

[3] Accordingly, the appeal is dismissed.