Eight B.C men got accused for smuggling marijuana to the United States had failed in an attempt to have one section of Extradition Act declared unconstitutional. These men are accused for hollowing out logs to make room for pot that was allegedly sent across the border. The Judge dismisses challenge of accused marijuana exporters‘ against Extradition Act.
The Drug Enforcement Administration of U.S found the marijuana inside lumber shipments sent to Sacramento located in California. The authorities in America subsequently charged Jamie Daniel Nenesheff, Shane Donald Fraser, Aaron Randolph Anderson , Todd Ian Ferguson, Ivan Djuracic, Daniel James Joinson, Robert Frank Romano, Darrell Joseph Romano and Robert Frank Romano in connection with the scheme.
The three of the accused—Ferguson, Fraser and Joinsen have allegedly been linked to the wiretapped conversations arranged for the transport of the marijuana. The other five accused were observed allegedly by RCMP leaving and entering a shed in Armstrong, B.C., where pot was supposedly inserted into hollowed-out logs.
They all faced extradition to the United States. The Justice Jeanne Watchuk has dismissed the constitutional arguments which Extradition Act’s section 5 cannot be applied against them for the acts committed allegedly entirely within the Canada.
The Section 5 of the Act states that a person can be extradited if or not the conduct on that the extradition partner bases the occurred request in the territory over which it had jurisdiction and if or not Canada can exercise jurisdiction in same circumstances.
It was claimed by the petitioners that a Supreme Court of Canada which is ruling in United States of America has created a new legal issue. It was noted by Watchuk in her ruling that in light of Ferras, they argued that section 5 of the Extradition Act allows a deprivation of liberty not in the accordance with the fundamental justice principles.
She further added that the lawyers of applicants pointed out that the provision allows persons to be extradited from the Canada without consideration by extradition judge of if there is a substantial and a real connection between the conduct that forms the extradition request basis and the requesting state. The lawyers claimed that this has violated the fundamental justice’s principle identified in Ferras, that a person sought is guaranteed a meaningful judicial procedure. The marijuana exporters‘ of any kind need to be very obliged with the Laws of country.