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

Penticton woman to ‘load up the cart’ with toys for local hospital

Pascale-Ann Demers launched a GoFundMe to upgrade the toy supply at Penticton Regional Hospital

Cannery Brewing’s patio expansion plans delayed by COVID-19

Once open, the new patio will look quite different than originally planned

Playgrounds to reopen across the Okanagan on June 1

After nearly two months closure, playgrounds are set to reopen

Long-time South Okanagan principal retires, another takes the helm

Jeff Redden will start as principal of Naramata Elementary School in August

100 miles in 24 hours: a B.C. man’s mission to support the less fortunate

Merritt’s Darius Sam felt he needed to help his community after an encounter with a struggling woman

Mission prison COVID-19 outbreak ends, 9 new cases in B.C.

New positive test at Port Coquitlam care home

RCMP request public’s help in locating missing Salmon Arm man

Ken Derkach is a familiar face to many, one of the city’s residents who is without a home

Booze on Kelowna beaches? Mayor says ‘not at the moment’

Mayor Colin Basran says alcohol in public spaces is not on council’s radar right now — but that could change

Getting hitched at historic B.C. gold rush town still on table during COVID-19 pandemic

Micro-weddings, online visits, offered at Barkerville Historic Town and Park

VIDEO: Police look for suspect seen tripping elderly woman in Burnaby

The elderly woman was walking near the SkyTrain station when she was randomly tripped

Drunk man on a dirt bike and prohibited drivers without insurance keep Shuswap RCMP busy

Other calls resulted in excessive speed tickets and the arrests of two prohibited drivers

Summerland amends procedure for virtual council meetings, adding transparency

During COVID-19 pandemic, meetings have been held using online technology

Motor trike crashes into hole in Kelowna

A man was taken to hospital after crashing his trike on Anderson Road

Serious vehicle incident closes Highway 97 near Falkland

DriveBC says an assessment is underway; delays expected

Most Read