In what circumstances will the requesting state be allowed to continue to certify the availability of evidence?
British Columbia, Canada
The following excerpt is from United States of America v. Wilson, 2013 BCSC 2423 (CanLII):
In United Kingdom v. Tarantino, 2003 BCSC 1134, the requesting state knew that critical evidence provided by key witnesses was unavailable for trial, but continued to certify its availability until it was challenged on the matter. The progression of inaccurate certifications presented to the court led Stromberg‑Stein J. (as she then was) to conclude that an abuse of process under s. 7 of the Charter was established and a stay justified. In reaching this conclusion, she found that the approach of the certifying prosecutor was both careless and cavalier, and she characterized the requesting state's conduct as falling so far below an expected reasonable standard as to be a complete failure of due diligence.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a state's record of case be found deficient because it does not provide sufficient detail to support the reliability of identification evidence? (British Columbia, Canada)
What is the current state of the law in Canada when there is little or no objective evidence of continuing injury? (British Columbia, Canada)
What is the case law on the reliability of the evidence presented by the requesting state? (British Columbia, Canada)
In what circumstances will the Minister of Justice consider the risk of prosecution or potential punishment in deciding whether to grant an extradition request from the United States? (British Columbia, Canada)
What is the test for certifying the availability of evidence for extradition purposes? (British Columbia, Canada)
What authorities are available in the United States and Canada for dealing with the parental circumstances of a surrogacy agreement where the surrogate mother is the genetic mother of the child? (British Columbia, Canada)
When there is little or no objective evidence of continuing injury in the context of a claim for damages arising from a motor vehicle accident, does the claimant have to prove that there is a continuing injury? (British Columbia, Canada)
Is defence evidence that strikes directly at the reliability of the requesting state’s materials admissible at the extradition hearing? (British Columbia, Canada)
Is there any evidence that the certification process in the requesting state is unreliable? (British Columbia, Canada)
In what circumstances will the BCSC find that evidence of J.B. and her evidence be inconsistent in relation to particular events? (British Columbia, Canada)
