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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Single-vehicle crash in Ootischenia sends driver to hospital

The crash occurred on Aug. 8 along Aaron Road

Camp Day pours ahead at Tim Hortons despite COVID-19

All coffee and iced coffee sales, and bracelet purchases support sending kids to camp

Interior Health reports two more COVID-19 cases

IH: One person is in hospital. No one is in ICU with COVID-19.

ICBC stats show Castlegar drivers prefer Toyotas and Hondas

In 2019, there were 4543 vehicles registered in Castlegar.

Police seek suspect in rash of Castlegar thefts

There have been a number of thefts over the last two weeks in Castlegar.

Teachers to get 2 extra days to prepare for students’ return, now set for Sept. 10

Students will first start with orientation and learn rules of COVID-19 classroom policies

New Tory leader must build a strong team in Commons and for the campaign: Scheer

Scheer marked his final day in the House of Commons today as leader of the Opposition

B.C. to hire 500 more COVID-19 contact tracers ahead of fall

Contract tracers add an ‘extra layer’ in the fight against the novel coronavirus

Feds commit $305M in additional funds for Indigenous communities during COVID-19

Money can be used to battle food insecurity and support children and mental health

We were a bit tone deaf: Hobo Cannabis renamed Dutch Love after backlash

Hobo Cannabis has various locations in Vancouver, Kelowna and Ottawa

Man accused of killing Red Deer doctor says he does not remember attack

Appearing before a judge, Deng Mabiour, 54, rambled about being sick and needing a doctor

Teen killer Kelly Ellard gets day parole extension, allowing up to 5 days at home

Ellard is serving a life sentence for the 1997 murder of 14-year-old Reena Virk

Andrew Scheer likely marking last day in House of Commons as Opposition leader

Today’s Commons sitting is one of two scheduled for August

Deaths feared after train derails amid storms in Scotland

Stonehaven is on the line for passenger trains linking Aberdeen with the cities of Edinburgh and Glasgow

Most Read