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

CrossFit Ladysmith takes part in CF24 to raise funds for Special Olympics

CF24 puts participants through 24 CrossFit workouts over 24 hours

Updated – Firefighters contain Chilco Road garage fire in Crofton

About 15 Crofton and Chemainus Fire Department members on the scene

Flyers hockey program inducted into Sports Wall of Fame

Junior B teams attracted huge crowds in the early days of Fuller Lake Arena

Northbound lanes re-open along Malahat after small rockslide near Goldstream

Drivers asked to use caution, clean-up crews have finished on-site

Nearly 80 incredible artists, one extraordinary Vancouver Island tree

Bateman gallery’s OneTree 2019 honours the life of a single, tree salvaged from the Chemainus Valley

Bye bye Bei Bei: Giant panda born in U.S. zoo heads to China

Panda heads back to China as part of cooperative breeding program

B.C. man who killed Belgian tourist near Boston Bar gets life in prison, no parole until 2042

Sean McKenzie pleaded guilty to second-degree murder of 28-year-old Amelie Christelle Sakkalis

Salvation Army kettle campaign targets $200,000 for Island residents in need

Goal is to raise $250,000 this year for Vancouver Island residents needing support

‘Very disrespectful’: B.C. first responder irked by motorists recording collisions on cellphones

Central Cariboo Search and Rescue deputy chief challenges motorists to break the habit

Daily cannabis linked to reduction in opioid use: B.C. researchers

Researchers looked at a group of 1,152 people in Vancouver who reported substance use and chronic pain

Port Alberni rallies for mill workers

Fundraisers helping ease the sting of five months without work

Island student lobbies school board for dress code consistency

Jaylene Kuo contacted school trustees after seeing dress guidelines at brother’s school

Bids down, costs up on Highway 1, B.C. independent contractors say

Rally protests NDP government’s union-only public construction

Members of little people community applaud change to drop ‘midget’ term

‘It’s not about sensitivity,’ says Allan Redford, the president of the Little People of Canada

Most Read