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
Judge in Trump's hush money trial threatened to throw witness out of court for behavior on stand
Michael Cohen testified Monday that he stole tens of thousands of dollars from his ex-boss Donald Trump’s company, an admission defence lawyers hope to use to undermine Cohen’s credibility.
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.
The world's best airline is paying staff a bonus of 8 months' salary
Singapore Airlines will reward its employees with a bonus worth nearly eight months of salary, a person familiar with the matter told CNN on Friday.
McGill says pro-Palestinian protest outside senior administrator's home 'crosses the line'
McGill University has denounced a pro-Palestinian protest held Sunday outside the home of one of its senior administrators.
Judge cites error, will reopen sentencing hearing for man who attacked Nancy Pelosi's husband
A federal judge will reopen the sentencing hearing for the man who broke into Nancy Pelosi's San Francisco home and bludgeoned her husband with a hammer after the judge failed to allow him to speak during his court appearance last week.
Is that 'Her'? OpenAI pauses a ChatGPT voice after some say it sounds like Scarlett Johansson
OpenAI says it plans to halt the use of one of its ChatGPT voices after some users said it sounded like Scarlett Johansson, who famously voiced a fictional, and at the time futuristic, AI assistant in the 2013 film 'Her.'
Microsoft's AI chatbot will 'recall' everything you do on a PC
Microsoft wants laptop users to get so comfortable with its artificial intelligence chatbot that it will remember everything you're doing on your computer and help figure out what you want to do next.
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.'
Red Lobster probes 'endless shrimp' losses after bankruptcy filing
U.S.-based restaurant chain Red Lobster has filed for Chapter 11 bankruptcy protection in a Florida court after securing $100 million in financing commitments from its existing lenders, the company said on Sunday.