EXTRADITION AND CRIMINAL MUTUAL LEGAL ASSISTANCE - Bars to extradition - Ability to prosecute in Canada

Law360 Canada ( March 12, 2018, 8:32 AM EDT) -- Appeal by Guevara-Mendoza and Mendoza from committal orders made against them in extradition proceedings. They also sought judicial review of the Minister of Justice’s decision to order their surrender to the US for prosecution. The US sought the extradition of the pair to stand trial for drug-related charges including conspiracy to export cocaine from the US into Canada, and conspiracy to import MDMA from Canada into the US. The Record of the Case (ROC) identified four shipments of narcotics that occurred in 2012 and 2013, the first three of which involved the exportation of over 54 kilograms of cocaine from the US into Canada, and the fourth of which involved the delivery of almost 60 kilograms of MDMA to a Canadian undercover officer on Canadian soil, under direction to transport the MDMA across the border and to deliver it to California. The central issue on the committal was whether Guevara-Mendoza and Mendoza directed the activities in question. In addition to the evidence from the police, a confidential witness (CW) who had consented to the interception of his communications was expected to testify that he served as the American contact for the appellants and was engaged by them to facilitate the movement of drugs in and out of Canada on all four occasions....
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