This case is quite unlike United States of America v. Tollman, relied upon by the applicant. In that case, the court found “substantial” and “overwhelming evidence” that the American authorities had “deliberately set out to thwart the Canadian extradition process” by attempting to manipulate Canadian immigration proceedings, repeatedly directing the Canadian police authorities to arrest the fugitive and deliver him to the border so that the nuisance of formal extradition proceedings could be avoided. The American authorities sought to deny the accused fugitive the protections afforded under the Extradition Act. The court found that this improper conduct was an affront to the processes of the court that could not be condoned, and that disentitled the foreign state any relief under the Extradition Act. The present case lacks any such evidence. The applicant has simply not established that the American law enforcement authorities knew that the applicant had recently acquired Canadian citizenship and decided to dishonestly conceal it from the Canadian authorities to avoid the formality of extradition proceedings, thereby improperly manipulating immigration proceedings.
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