News (Media Awareness Project) - CN BC: U.S. Pushes For Return Of Alleged Criminals From B.C. |
| Title: | CN BC: U.S. Pushes For Return Of Alleged Criminals From B.C. |
| Published On: | 2007-03-06 |
| Source: | Province, The (CN BC) |
| Fetched On: | 2008-08-17 09:10:05 |
U.S. PUSHES FOR RETURN OF ALLEGED CRIMINALS FROM B.C.
Relationship With U.S. Is Cosy -- But Not Without Its Problems
Canada's relationship with the U.S., our largest extradition partner,
has been described as both "cordial" and "excellent."
Extraditions between the two countries -- which share the longest
common border in the world -- are almost a matter of course.
"There are defendants that are extradited from Canada routinely,"
says Emily Langlie, spokesperson for the U.S. Attorney's Western
District Office in Washington.
She claims to be unaware of any incidents that have not gone
"smoothly, and as intended" over the past several years.
Cases seldom take longer than two years to complete, she says.
Canada is the U.S.'s third largest extradition partner, after Mexico
and Colombia.
Canada has extradited an average of 25 fugitives to the U.S. each
year for the past decade.
The U.S. returns to Canada an average of six a year, reflecting the
two countries' disproportionate populations.
Expert Dr. Gary Botting, a University of B.C. legal scholar and
author of Extradition Between Canada and the United States, says
Canada and the U.S. have it "down to a fine art."
The two countries signed an extradition treaty in 1976. Then, in
1985, the Mutual Legal Assistance agreement first allowed law
enforcement agencies on either side of the border to gather and share
information and evidence, and execute warrants, searches and seizures.
It's a rather cozy relationship, says Botting, but not one without problems.
He says the U.S. welcomed Canada's 1999 Extradition Act that eased
requirements for evidence.
But while the new act meant fugitives could be sent back to the U.S.
on the basis of only a summary of evidence, Canada still had to
establish a prima facie case to extradite from the U.S.
"It was a double standard," says Botting.
He believes the Ortega ruling -- under which the Supreme Court of
Canada again toughened extradition requirements -- will stem the flow
of "rubber-stamped" extradition requests.
"There were hundreds of cases flowing through without much
consideration at all," says Botting.
The U.S. has somewhat reluctantly agreed to Canada's insistence on
another important matter.
This is that "principles of fundamental justice" require that the
death penalty will not be applied to any fugitive extradited to the U.S.
The U.S. has also begrudgingly accepted that a fugitive may claim
refugee status in Canada despite an outstanding request for
extradition -- though it won't yield without a fight.
Extradition applications usually trump refugee claims. But where the
crime in question would fetch less than 10 years' jail time in
Canada, the Extradition Act allows for the refugee claim to continue.
This is being tested in a current case involving an American couple
arrested in B.C. in January.
Lori Romero and Michael Welch spent seven months in jail on
immigration warrants, and are living in Port Coquitlam under
electronic monitoring.
They are wanted in Fort Collins, Colo., for assault on a police
officer and menacing -- charges stemming from a November, 2004,
standoff with Colorado police over marijuana cultivation and weapons charges.
The couple insist the charges were thrown out in U.S. federal court
and say they are being framed. They have applied for refugee status.
Canada's Department of Justice says that since the U.S. charges would
merit only a seven-year term in Canada, the refugee claim is valid.
Colorado authorities, however, estimate the charges carry terms of 10
to 32 years, and say extradition should proceed.
The case will be heard in B.C. Supreme Court in Vancouver this month.
The U.S. has not been able to accept Section 46 of our Extradition Act.
This states that extradition cannot proceed when "the conduct in
respect of which extradition is sought is a political offence."
The argument has been used largely by medical marijuana advocates who
have sought refuge in Canada.
And it is currently being used in a case involving a former U.S. Army
Ranger accused of bank robbery in Tacoma, Wash., last August.
Luke Sommer fled to B.C., where he has crafted a novel defence,
characterizing the alleged heist as a political offence.
He claims the holdup -- if he did it -- was politically motivated: He
intended all along to use the notoriety from the heist to draw
attention to a rape and murders he claims to have witnessed while
serving in Iraq in 2004 and Afghanistan in 2005.
Though there are offences to which the political defence does not
apply -- including murder, assault, sexual assault, kidnapping and
hostage-taking, the use of explosives, or extortion -- bank robbery
is not one of them.
In Sommer's case, "all things being equal it should fly," says Botting.
But Botting doesn't think it will, adding it is in both countries'
interest to crush Sommer's line of defence before it catches on.
U.S. Attorney's Office spokesperson Langlie insists Sommer's alleged
crime is not political.
"It's armed bank robbery," she says sharply.
"There were people in that bank that were terrified when these men
with high-powered weapons and masks came in.
"It's a crime with a number of victims who deserve their day in court
and deserve to see justice done."
Sommer will appear in Canadian extradition court sometime this year.
GLOBAL
Requests made by countries other than U.S. to Canada in 2005
Total: 56
Completed*: 18
Carried over to 2006: 38
Top Crimes:
1. Fraud/Forgery: 23
2. Narcotics: 7
3. Robbery/theft: 6
4. Manslaughter/Murder: 5
5. Assault/Sexual Assault: 3
6. Organized Crime: 3
CANADA
Requests made by Canada to countries other than U.S. in 2005
Total: 14
Completed: 4
Carried Over to 2006: 10
Top Crimes:
1. Murder: 5
2. Fraud/Forgery: 3
3. Sexual Assault: 2
4. Child Abduction: 2
5. Firearms: 1
6. Narcotics: 1
U.S.-CANADA
Requests made by U.S. to Canada in 2005
U.S. total: 127
Completed: 27 (21 per cent)
Of those:
1- Transit
3 - Returned Voluntary
10 - Deported
1- Arrested in 3rd State
6 - Abandoned
3 - Extradited
3 - Withdrawn
. . . requests still in process and carried over to 2006: 100
CANADA-U.S.
Requests made by Canada to U.S. in 2005
Canada total: 17
Completed: 13 (76 per cent)
Of those:
7 - Extradited
3 - Deported
0 - Abandoned
0 - Returned Voluntary
3 - Withdrawn
. . . requests still in process and carried over to 2006: 4
UNRESOLVED
Extradition cases outstanding: 420
Number of submissions sent to the Federal Justice Minister: 104
Number of Surrender Orders issued by the Minister: 87
Ordered Surrendered To:
U.S. - 74
Hungary - 3
Czech Republic - 2
France - 2
Hong Kong - 2
Italy - 2
India - 1
Portugal - 1
Relationship With U.S. Is Cosy -- But Not Without Its Problems
Canada's relationship with the U.S., our largest extradition partner,
has been described as both "cordial" and "excellent."
Extraditions between the two countries -- which share the longest
common border in the world -- are almost a matter of course.
"There are defendants that are extradited from Canada routinely,"
says Emily Langlie, spokesperson for the U.S. Attorney's Western
District Office in Washington.
She claims to be unaware of any incidents that have not gone
"smoothly, and as intended" over the past several years.
Cases seldom take longer than two years to complete, she says.
Canada is the U.S.'s third largest extradition partner, after Mexico
and Colombia.
Canada has extradited an average of 25 fugitives to the U.S. each
year for the past decade.
The U.S. returns to Canada an average of six a year, reflecting the
two countries' disproportionate populations.
Expert Dr. Gary Botting, a University of B.C. legal scholar and
author of Extradition Between Canada and the United States, says
Canada and the U.S. have it "down to a fine art."
The two countries signed an extradition treaty in 1976. Then, in
1985, the Mutual Legal Assistance agreement first allowed law
enforcement agencies on either side of the border to gather and share
information and evidence, and execute warrants, searches and seizures.
It's a rather cozy relationship, says Botting, but not one without problems.
He says the U.S. welcomed Canada's 1999 Extradition Act that eased
requirements for evidence.
But while the new act meant fugitives could be sent back to the U.S.
on the basis of only a summary of evidence, Canada still had to
establish a prima facie case to extradite from the U.S.
"It was a double standard," says Botting.
He believes the Ortega ruling -- under which the Supreme Court of
Canada again toughened extradition requirements -- will stem the flow
of "rubber-stamped" extradition requests.
"There were hundreds of cases flowing through without much
consideration at all," says Botting.
The U.S. has somewhat reluctantly agreed to Canada's insistence on
another important matter.
This is that "principles of fundamental justice" require that the
death penalty will not be applied to any fugitive extradited to the U.S.
The U.S. has also begrudgingly accepted that a fugitive may claim
refugee status in Canada despite an outstanding request for
extradition -- though it won't yield without a fight.
Extradition applications usually trump refugee claims. But where the
crime in question would fetch less than 10 years' jail time in
Canada, the Extradition Act allows for the refugee claim to continue.
This is being tested in a current case involving an American couple
arrested in B.C. in January.
Lori Romero and Michael Welch spent seven months in jail on
immigration warrants, and are living in Port Coquitlam under
electronic monitoring.
They are wanted in Fort Collins, Colo., for assault on a police
officer and menacing -- charges stemming from a November, 2004,
standoff with Colorado police over marijuana cultivation and weapons charges.
The couple insist the charges were thrown out in U.S. federal court
and say they are being framed. They have applied for refugee status.
Canada's Department of Justice says that since the U.S. charges would
merit only a seven-year term in Canada, the refugee claim is valid.
Colorado authorities, however, estimate the charges carry terms of 10
to 32 years, and say extradition should proceed.
The case will be heard in B.C. Supreme Court in Vancouver this month.
The U.S. has not been able to accept Section 46 of our Extradition Act.
This states that extradition cannot proceed when "the conduct in
respect of which extradition is sought is a political offence."
The argument has been used largely by medical marijuana advocates who
have sought refuge in Canada.
And it is currently being used in a case involving a former U.S. Army
Ranger accused of bank robbery in Tacoma, Wash., last August.
Luke Sommer fled to B.C., where he has crafted a novel defence,
characterizing the alleged heist as a political offence.
He claims the holdup -- if he did it -- was politically motivated: He
intended all along to use the notoriety from the heist to draw
attention to a rape and murders he claims to have witnessed while
serving in Iraq in 2004 and Afghanistan in 2005.
Though there are offences to which the political defence does not
apply -- including murder, assault, sexual assault, kidnapping and
hostage-taking, the use of explosives, or extortion -- bank robbery
is not one of them.
In Sommer's case, "all things being equal it should fly," says Botting.
But Botting doesn't think it will, adding it is in both countries'
interest to crush Sommer's line of defence before it catches on.
U.S. Attorney's Office spokesperson Langlie insists Sommer's alleged
crime is not political.
"It's armed bank robbery," she says sharply.
"There were people in that bank that were terrified when these men
with high-powered weapons and masks came in.
"It's a crime with a number of victims who deserve their day in court
and deserve to see justice done."
Sommer will appear in Canadian extradition court sometime this year.
GLOBAL
Requests made by countries other than U.S. to Canada in 2005
Total: 56
Completed*: 18
Carried over to 2006: 38
Top Crimes:
1. Fraud/Forgery: 23
2. Narcotics: 7
3. Robbery/theft: 6
4. Manslaughter/Murder: 5
5. Assault/Sexual Assault: 3
6. Organized Crime: 3
CANADA
Requests made by Canada to countries other than U.S. in 2005
Total: 14
Completed: 4
Carried Over to 2006: 10
Top Crimes:
1. Murder: 5
2. Fraud/Forgery: 3
3. Sexual Assault: 2
4. Child Abduction: 2
5. Firearms: 1
6. Narcotics: 1
U.S.-CANADA
Requests made by U.S. to Canada in 2005
U.S. total: 127
Completed: 27 (21 per cent)
Of those:
1- Transit
3 - Returned Voluntary
10 - Deported
1- Arrested in 3rd State
6 - Abandoned
3 - Extradited
3 - Withdrawn
. . . requests still in process and carried over to 2006: 100
CANADA-U.S.
Requests made by Canada to U.S. in 2005
Canada total: 17
Completed: 13 (76 per cent)
Of those:
7 - Extradited
3 - Deported
0 - Abandoned
0 - Returned Voluntary
3 - Withdrawn
. . . requests still in process and carried over to 2006: 4
UNRESOLVED
Extradition cases outstanding: 420
Number of submissions sent to the Federal Justice Minister: 104
Number of Surrender Orders issued by the Minister: 87
Ordered Surrendered To:
U.S. - 74
Hungary - 3
Czech Republic - 2
France - 2
Hong Kong - 2
Italy - 2
India - 1
Portugal - 1
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