B.C. man facing extradition to U.S. for alleged sex crimes against stepdaughter
A Vancouver Island man is awaiting possible extradition to the United States on charges of sexual assault against his 13-year-old stepdaughter.
A B.C. Supreme Court ordered the man into custody last week pending a decision by the federal justice minister on whether or not to surrender the accused to authorities south of the border.
The accused, who is identified in court documents as J.L., is sought by U.S. federal authorities on behalf of the state of Utah.
According to the judge's decision published Tuesday, J.L. is accused of sexually assaulting his stepdaughter continuously from June 2012 to June 2014.
The offences are alleged to have occurred in St. George, Utah, where J.L. lived with his stepdaughter and her mother, to whom he was married at the time.
According to court documents, the stepdaughter told her mother about the alleged abuse in June 2014, but the allegations were not reported to police until that November.
J.L. left Utah that same month and U.S. authorities charge that he "fled" to Canada, while J.L. told the court that he was planning to move back to Canada as his marriage had ended.
"He says his return to Canada had nothing to do with the fact that the complainant spoke to the police that same day," B.C. Supreme Court Justice Brian D. MacKenzie said.
J.L. was charged in June 2015, prompting Utah police to issue a warrant for his arrest.
During a 2021 extradition hearing, J.L. testified that he left Canada in May 2015, travelling and working in several countries before returning to Canada in October 2019.
He testified that upon his return he obtained a B.C. driver's licence under the Sooke, B.C., address where the RCMP later found and arrested him on June 16, 2020.
"J.L. emphasizes the fact that he travelled throughout many countries on his Canadian passport between 2015 and 2019 and was never arrested or detained," the judge said.
"He points out he returned to Canada with his valid Canadian passport without incident. It was only after approximately nine months during which time he lived with his parents in Sooke, did he or his family have any contact with a law enforcement agency."
J.L. argued the five-year delay in seeking his extradition to the U.S. is contrary to the principles of fundamental justice under the Canadian Charter of Rights and Freedoms.
The judge ruled the delay was not sufficient to render the extradition hearing unfair.
"What the U.S. authorities may or may not have done in trying to locate J.L. and whether their efforts were 'continuous and considerable'… is not a circumstance that in my view renders the extradition process unfair or amounts to a denial of fundamental justice such that this is one of those exceptional cases where the extradition proceeding should be stayed," the judge said.
The judge ordered J.L. into custody to await an extradition decision by Justice Minister David Lametti.
Under the Immigration and Refugee Protection Act, J.L. cannot be extradited to the U.S. until 30 days after the judge's commitment order. He has a right to appeal the order and apply for a judicial interim release from custody.
CTVNews.ca Top Stories
Feels like mid-30s in parts of Canada, while other areas expecting snow
Anything is possible this week, as far as Canada's weather is concerned, with forecasts ranging from scorching heat in some parts of the country to rain and snow in others.
1 dead, others injured after London-Singapore flight hit severe turbulence, Singapore Airlines says
One person has died aboard a London-Singapore flight that encountered severe turbulence, Singapore Airlines said Tuesday. The plane was diverted to Bangkok, where emergency crews rushed to help injured passengers amid stormy weather.
Independent stores and grocery alternatives see sales boost amid Loblaw boycott
As the month-long boycott of Loblaw-owned stores wears on, small independent food retailers and alternative grocery options say they're seeing a boost in traffic and sales.
What is BORG drinking, and why is it a dangerous trend? An expert explains
If you've been to a party lately and haven't seen someone drinking a BORG, you're likely not partying with college students.
How to check the Air Quality Health Index and assess your health risks
As we enter another wildfire season, Environment and Climate Change Canada is advising people to pay attention to air pollution levels and check the Air Quality Health Index – especially on smoky days.
Cardinal Lacroix cleared after investigation ordered by the Pope
The Vatican has announced that the investigation it commissioned into allegations of sexual touching against Cardinal Gerald Cyprien Lacroix did not confirm any act constituting misconduct or abuse on the part of the Vatican.
Trudeau making 'Team Canada' pitch in visit to Philadelphia
Prime Minister Justin Trudeau is in Philadelphia today, on his first trip south of the border since his government launched a new 'Team Canada' charm offensive in the United States.
Oilers win Game 7 over Canucks, advance to Western Conference Final
The Edmonton Oilers weathered a late Vancouver Canucks charge on Monday night, beating the hosts 3-2 to win their seven-game second-round playoff series in the decisive showdown.
Katy Perry sings goodbye to 'American Idol'
Katy Perry said her goodbyes on 'American Idol' after seven seasons. On Sunday night’s live 'idol' season finale, a medley of Perry's hit songs were performed, including 'Teenage Dream,' 'Dark Horse' and 'California Gurls.'