B.C. Appeal Court says Canada must rethink extradition of Indigenous man

Glenn Sheck’s Aboriginal heritage not weighted enough in decision, judge rules

The federal Justice Department has been ordered by the British Columbia Appeal Court to reconsider the extradition of an Aboriginal man to the United States because it says the minister failed to factor in Canada’s historical mistreatment of Indigenous families.

Glenn Sheck, a member of the Bonaparte Indian Band in B.C., is accused of money laundering in the United States and last year then-federal justice minister Jody Wilson-Raybould, who is Indigenous, ordered the extradition.

Writing for the two-to-one majority in the decision released Friday, Justice Susan Griffin says the minister failed to consider the highly relevant factors of the separation of the Indigenous man from his four children and the Canadian history of separating Indigenous parents and children.

Griffin says had the minister considered those factors, she may have concluded it would be unjust to extradite a man to face a likely sentence of 27 years in prison when a sentence in Canada would be in the range of two to four years.

“…The resultant destruction of Indigenous communities, which, in some ways, may have contributed to Mr. Sheck’s alleged criminality, were important factors in informing the minister’s view of whether surrender was unjust or oppressive, or would shock the conscience,” the decision says.

“This would have been especially so had the minister engaged in an accurate appraisal of the much longer separation from his children that Mr. Sheck faces if sentenced in the U.S. instead of in Canada.”

No one from the Department of Justice was immediately available to comment on the court decision.

The United States alleges Sheck acted as a money broker, directing proceeds of drug trafficking involving more than $7 million.

It claims Sheck directed the pick up and delivery of large amounts of money in America, Canada and the Dominican Republic.

The court decision says the minister didn’t consider Sheck’s personal family circumstances and his children’s best interests.

“Nowhere did she consider the impact on them, as Indigenous children who bear the legacy of government-sponsored separation of Indigenous parents and children, of having their only Indigenous parent separated from them for potentially decades longer if he was to be prosecuted and sentenced in the U.S. as opposed to in Canada.”

In a dissenting decision, Justice Mary Saunders says to set aside the ruling would improperly interfere with the government’s decision.

Saunders says to conclude that the minister short-changed her consideration of Sheck’s Aboriginal heritage ignores the substance of her ruling.

“As I read her decision, the minister fully recognized the Aboriginal context of the request but determined, considering Canada’s international commitments and the seriousness of the offences charged, that Mr. Sheck’s extradition was warranted in any event.”

Terri Theodore , The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Campbell River’s Chris Zizek named to Team Canada for Invictus Games

After numerous hip surgeries and a PTSD diagnosis, he now turns his attention to advocating for vets

Lonesome Ace Stringband a three-man powerhouse

Highway 19 Concert Series brings bluegrass to Campbell River

Petition calls for clinical pathology testing to return to Campbell River Hospital

North Island MLA Claire Trevena presented to the B.C. Legislature on Wednesday… Continue reading

How does Campbell River rank on Maclean’s ‘Canada’s Most Dangerous Places 2020’ list

The city’s crime rates have improved, but homicide rate is second highest on the Island

First Nations all but shut out of involvement in barge grounding off Quadra Island

Nana Provider ran aground and lingered for a week while response plan developed

VIDEO: ‘Climate emergency’ is Oxford’s 2019 Word of the Year

Other words on the shortlist included ‘extinction,’ ‘climate denial’ and ‘eco-anxiety’

Security guard at Kamloops music festival gets three years for sexually assaulting concertgoer

Shawn Christopher Gray walked the woman home after she became seperated from her friends, court heard

Cowichan Milk Company: from grass to glass, bottled milk right to your door

Farm stand open 6 days a week, and home delivery is available everywhere from Mill Bay to Chemainus.

Algae bloom killing farmed fish on Vancouver Island’s West Coast

DFO says four Cermaq Canada salmon farms affected, fish not infectious

Three cops investigated in connection to ex-Vancouver detective’s sexual misconduct

Fisher was convicted in 2018 after pleading guilty to kissing two young women who were witnesses in a criminal case

Violence response procedures updated for B.C. schools, police

ERASE program expands to target gangs, bullying of students

A pawsitive ending: Missing puppy found after nine-day search in Chilliwack

Pit bull Frankie ran from dog sitter booked through app

Federal laws at heart of West’s anger up for debate, as Liberals begin outreach

Vancouver mayor to Trudeau’s western critics: ‘Get over yourselves’

Most Read