Ontario Criminal


Disclosure

GENERAL
Failure to produce indictment may prevent accused from obtaining benefits in U.S. prosecution

Accused was to be extradited for money laundering and international drug trafficking that was alleged to have taken place nine years ago. Accused sought order requiring Attorney General of Canada provide her with U.S. indictment that charges her with those criminal offences. Minister has indictment in his possession but to date has refused that request and Attorney General has vigorously sought to defeat this application. Application allowed. Failure to produce indictment at this time may prevent her from obtaining potential benefits in U.S. prosecution against her from early and informed exercise of those statutory rights. It would deny her rights to fundamental justice under s. 7 of Charter and in that way cause her rights to fair extradition proceeding in Canada in all of its potential aspects and particulars to be violated, including in particular right to exercise ss. 70-72 rights to consent to committal, or surrender, or to waive extradition on informed basis. Court concluded that it would frustrate Parliament’s intent to provide incomplete disclosure to expedite extradition process to put persons sought in position where they may not be able to make meaningful and informed decisions to consent to committal, to consent to surrender, or to waive extradition under ss. 70 to 72 of Extradition Act (Can.).

United States of America v. Nguyen (Jul. 19, 2013, Ont. S.C.J., Michael G. Quigley J., File No. Toronto E 17/13) 108 W.C.B. (2d) 132.

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