An Alberta appeal judge has rejected the Crown’s bid to overturn Ahmad Nabil Zitoun’s interim release while he faces extradition proceedings involving serious United States drug and murder-related allegations.

In Canada (Attorney General) on behalf of the United States of America v Zitoun, 2026 ABCA 351, Justice Kevin Feehan confirmed the earlier release decision on October 30. The ruling concerns release pending a committal hearing, not whether Zitoun is guilty or should ultimately be extradited.

Review was not a fresh bail hearing

The Attorney General of Canada, acting for the United States, argued that the chambers judge had overlooked evidence, reached unsupported conclusions and improperly weighed the factors governing detention. The Crown also said she had failed to assess public confidence in the administration of justice separately from Zitoun’s proposed release plan.

Feehan found no legal error. A review under the Extradition Act does not permit an appeal judge simply to substitute a different view of the evidence. The original judge’s weighing of the evidence receives significant deference.

The reasons identify three detention questions: ensuring attendance in court, protecting public safety and maintaining confidence in the administration of justice. Zitoun bore the burden of showing that detention was unnecessary on all three grounds. Feehan expressly emphasized that the presumption of innocence applies throughout the extradition process.

According to the reasons, the United States sought Zitoun’s provisional arrest over allegations including cocaine trafficking, murder and conspiracy connected to a criminal enterprise, and witness-related offences. The allegations included involvement with an organization led by Ryan Wedding. They were not findings of guilt in this review.

Serious allegations considered alongside the evidence

The Crown challenged the assessment of flight risk, the proposed surety’s ability to supervise Zitoun and the evidence concerning his alleged criminal associations. It also stressed Canada’s extradition obligations and the prospect of life imprisonment if he were convicted.

Feehan concluded that the objections concerning attendance and public safety largely sought a different weighing of the evidence. There was evidence supporting the chambers judge’s assessment of Zitoun’s community ties and resources. Her conclusions about the evidence of his involvement in the organization and the absence of an obvious prior pattern predicting further offending were reasonably available to her.

On public confidence, Feehan found that the chambers judge had considered the apparent strength of the prosecution case, the gravity and circumstances of the alleged offences, possible imprisonment and Canada’s international obligations. Her assessment included credibility concerns about the co-operating witness while acknowledging the seriousness of the allegations.

The judge had assessed those factors independently, rather than treating the release plan as an answer that made the public-confidence inquiry unnecessary.

House arrest and financial security remain in the order

The release terms described in the reasons include house arrest subject to limited exceptions or advance written approval, GPS monitoring, surrender of passports, restrictions on weapons and contact with specified people, and supervision requirements.

The financial terms included a required $50,000 deposit from Zitoun, an additional $50,000 deposited by his mother as surety, and a pledge of $200,000 in home equity. The cash requirements and pledged equity are distinct forms of security, not a fine or damages award.

Feehan found no error in the assessment of that plan and dismissed the review application, confirming the chambers judge’s decision. The ruling does not establish subsequent compliance with the conditions or the outcome of the extradition proceedings.

Source: Canada (Attorney General) on behalf of the United States of America v Zitoun, 2026 ABCA 351.