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
From AI running wild to collapsing ecosystems, government report outlines future disruptions
From artificial intelligence running wild to collapsing ecosystems, a new Canadian government report outlines 35 disruptions that could rattle the country in the near future.
B.C. serial killer Robert Pickton hospitalized after prison attack
British Columbia serial killer Robert Pickton was attacked and sustained life-threatening injuries in a Quebec prison Sunday in what officials described as a 'major assault.'
opinion Tom Mulcair: With Trudeau spiralling, Mark Carney waits in the wings
In his latest column for CTVNews.ca, former NDP leader Tom Mulcair argues that if there's an unofficial frontrunner in the eventual race to replace Justin Trudeau as Liberal leader, it has to be former Bank of Canada governor Mark Carney.
Toronto Blue Jays fan struck by 110 m.p.h foul ball offered tickets, signed baseball by team
The Toronto Blue Jays have offered tickets and a signed baseball to a fan who says she was struck in the face by a 110 m.p.h (177 km/h) foul ball at Friday’s game.
Matthew Perry's death is being investigated over ketamine level found in actor's blood, reports say
An investigation has been opened into the death of Matthew Perry and how the “Friends” actor received the anesthetic ketamine, which was ruled a contributing factor in his death.
OPP continues to investigate boat collision north of Kingston, Ont. that left 3 people dead
Ontario Provincial Police continue to investigate a long weekend fatal boat collision on Bobs Lake, north of Kingston, Ont.
Police in Ontario say suspects charged in armed home invasion near Toronto part of 'larger criminal network'
Police in Ontario say a group of suspects charged in an armed home invasion north of Toronto last year were driving a vehicle stolen in a carjacking in Calgary just one month earlier.
Stolen septic truck swerves through traffic, spike belt needed to stop it: Manitoba RCMP
A 29-year-old woman has been charged after police say she stole a septic truck from a Manitoba community and drove erratically on the highway.
Orphan orca's extended family spotted off northeast side of Vancouver Island
Members of a killer whale pod related to an orphan orca calf that escaped a remote British Columbia tidal lagoon last month have been spotted off the northeast coast of Vancouver Island.