The applicant, wanted in the United States for murder, sought a disclosure order against the Attorney General of Canada for information regarding the United States' involvement in his prior prosecution and conviction for the same murder in Jordan.
The applicant hoped to use this information to argue double jeopardy, abuse of process, and a violation of s. 7 of the Charter.
The court dismissed the application, holding that it was premature and that the extradition judge lacked jurisdiction to order disclosure from foreign authorities.
The court noted that double jeopardy issues and related disclosure requests are properly within the purview of the Minister of Justice during the surrender phase of the extradition process.