2011 QCCA 1966, 2011 QCCA 1966

Mckenzie c. Canada (Attorney general) 2011 QCCA 1966 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-004814-107 ( 500-36-005453-108 ) MINUTES OF THE HEARING DATE: October 24, 2011 CORAM: THE HONOURABLE NICOLE DUVAL HESLER, C.J.Q. FRANÇOIS PELLETIER, J.A. JACQUES DUFRESNE, J.A. APPELLANT ATTORNEY(

S) JAMAAL McKENZIE Mtre Francis Le Borgne RABY DUBÉ & LE BORGNE RESPONDENT ATTORNEY(

S) THE ATTORNEY GENERAL OF CANADA ON BEHALF THE UNITED STATES OF AMERICA Mtre Christian Jarry Public Prosecution Service of Canada Attorney

On appeal from a judgment rendered on November 5, 2010 by the Honourable Justice André Vincent of the Superior Court district of Montreal. NATURE OF THE APPEAL : Extradition Clerk: Marcelle Desmarais Courtroom: Antonio-Lamer HEARING 14 h 42 Submission by Mtre Francis Le Borgne 14 h 55 Suspension. 15 h 00 Resumption BY THE COURT: Judgment – see page 3. Marcelle Desmarais Clerk BY THE COURT JUDGMENT

[1] The decision in the first instance was based solely on the contents of an unchallenged, certified record of the case. Theevidence is, thus, generally immune from scrutiny under Canadian admissibility standards. To the extent that Lorenz ( United States ofAmerica vs Lorenz, 2007 BCCA 342) makes the Carter test ( R. v. Carter, (SCC), [1982] 1 S.C.R. 938) applicable inextradition matters, we believe that the residual evidence demonstrates, prima facie, both the existence of a conspiracy and McKenzie’sprobable participation.

As none of the evidence can be qualified as manifestly unreliable, the trial judge was justified in considering it inits entirety. FOR THESE REASONS, THE COURT: [2] DISMISSES the appeal. NICOLE DUVAL HESLER, C.J.Q. FRANÇOIS PELLETIER, J.A. JACQUES DUFRESNE, J.A.