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
'He's in our hearts': Family and friends still seek answers one year after Nathan Wise’s disappearance
It’s been a year since Nathan Wise went missing and his family is no closer to finding out what happened to him.
'My family doctor just fired me': Ontario patients frustrated with de-rostering
Dozens of Ontarians are expressing frustration in the province’s health-care system after their family doctors either dropped them as patients or threatened to after they sought urgent care elsewhere.
Ottawa pizzeria places among top 20 deep-dish pizzas in the world at international competition
An Ottawa pizzeria is being recognized as one of the top 20 deep-dish pizzas in the world.
Canada Post cracks down on Nunavut loophole to get free Amazon Prime shipping
Amazon's paid subscription service provides free delivery for online shopping across Canada except for remote locations, the company said in an email. While customers in Iqaluit qualify for the offer, all other communities in Nunavut are excluded.
Wildfire near Fort McMurray more than triples overnight, several evacuation alerts remain in place
The fire burning near Fort McMurray grew from 25 hectares to 5,500 hectares over the weekend.
Putin replaces Russian defence minister in rare cabinet shakeup
Russia’s President Vladimir Putin began a Cabinet shakeup on Sunday, proposing the replacement of Sergei Shoigu as defence minister as he begins his fifth term in office.
Suspect sought after fatal slashing in downtown Toronto
Police are searching for a suspect in a homicide investigation after a man was slashed in downtown Toronto on Sunday.
WATCH Dashcam video shows terrifying near-miss on two-lane northern Ontario highway
There were some scary moments for several people on a northern Ontario highway caught on video Thursday after a chain reaction following a truck fire.
Edibles, armchairs and adapters: Here are the recalls for this week
Health Canada announced various product recalls this week, including electric adapters, armchairs, cannabis edibles and vehicle components.