In an extradition proceeding, the person sought applied for disclosure of communications between Canadian and United States authorities relating to his return to the United States.
The applicant alleged that earlier deportation proceedings in Canada were in fact a disguised extradition process amounting to an abuse of process under the Canadian Charter of Rights and Freedoms.
Applying the test from R. v. Larosa, the court considered whether the allegation had an air of reality and whether the requested materials were likely relevant.
The close timing between the issuance of a U.S. criminal complaint and a Canadian immigration arrest warrant raised a realistic possibility of cross-border communications.
The court held that the allegation was not a fishing expedition and ordered disclosure.
