B.C. judge rejects extradition of man accused of selling drugs that killed U.S. Navy sailors
The British Columbia Supreme Court has refused to extradite a West Vancouver man accused of using the dark web to sell fentanyl to two United States Navy sailors who died after using the drugs.
In a decision posted online this week, Justice David Crossin ruled the application from U.S. authorities to extradite Thomas Michael Federuik failed because the U.S. did not provide documents supporting his removal from Canada within the time limit allowed after Federuik was arrested in B.C. at the request of U.S. prosecutors.
Under the Charter of Rights and Freedoms, extradition applications must be completed within 60 days of the subject's arrest. Due to an administrative error, the U.S. missed the deadline to extradite Federuik by two days.
"From a practical perspective, the error appears insignificant, if not trivial," the judge said. However, the accused's Charter rights must be safeguarded to ensure "the public’s interest in constitutionally compliant legislation," he added.
Federuik was arrested by the RCMP's federal serious and organized crime unit on behalf of U.S. prosecutors in May 2022. Paul Anthony Nicholls, his co-accused on the charges of operating an international drug and money laundering scheme, was arrested in the United Kingdom the same day.
Both men were charged by the U.S. attorney for the Southern District of Georgia in June 2022, nearly five years after two petty officers in the U.S. Navy died separately from overdoses in Kingsland, Ga.
The indictment accuses Federuik and Nicholls of conspiring to import the drugs from China and Hungary before selling them throughout the U.S. under the dark-web vendor names "East Van Eco Tours" and "Bridge City Consulting LLP."
Threat to U.S. 'national security'
Investigators allege Federuik used the online alias "Canada1" to sell the deadly drugs to sailors Brian Jerrell, 25, and Ty Bell, 26.
The "Canada1" alias was later linked to a residence in West Vancouver, where Mounties intercepted several packages of fentanyl that were ready to be shipped, according to an RCMP release announcing the seizure.
"The toxic fentanyl shipped from Canada to the two U.S. Navy petty officers in Kingsland, Ga., has been attributed to their deaths," the RCMP said.
Both Federuik and Nicholls had been arrested four years prior, when a "large quantity of fentanyl" was seized from a West Vancouver home, according to police.
"Investigators also discovered mail tracking slips that coincided with the fentanyl packaging material found by U.S. authorities," the release said. Nicholls, who had allegedly overstayed his visa, was immediately deported to the U.K. while the investigation continued, police said.
"The importation and distribution of illicit narcotics within the United States pose a significant threat not only to our local communities but also our nation's service members and ultimately our national security," special agent Thomas Cannizzo of the U.S. Naval Criminal Investigative Service said in the indictment.
In rejecting the extradition request, the judge said the U.S. will have to restart the extradition process again if prosecutors choose to proceed with the case.
The charges against both men carry a minimum of 10 years to life in U.S. prison, along with fines of up to US$10 million and a minimum of five years of parole after release, according to the indictment.
CTVNews.ca Top Stories
Lanny McDonald and a few old Flames take the Stanley Cup on a surprise visit to the man who saved his life
The Stanley Cup was passing through town Friday, and Lanny Legend took it upon himself to take it for a surprise visit.
This Calgary home has a giant tree in the middle, and it's for sale
There's a luxury 'tree home' for sale in Calgary.
Chad Daybell sentenced to death for killing wife and girlfriend’s two children in jury decision
Jurors resumed deliberations Saturday on whether a man should be sentenced to death after being convicted days earlier of the murders of his wife and his girlfriend’s two youngest children in Idaho.
Robert Pickton stabbed with toothbrush and broken broom handle: victim's family
The family of one of Robert Pickton's victims says the convicted serial killer suffered an incredibly violent death at the hands of another inmate.
Father who killed one-year-old son with axe may be allowed to travel in southwestern Ontario
A Mennonite father who killed his one-year-old son with an axe may be allowed to travel to parts of southern Ontario in the coming months
Panama prepares to evacuate first island in face of rising sea level
On a tiny island off Panama's Caribbean coast, about 300 families are packing their belongings in preparation for a dramatic change. Generations of Gunas who have grown up on Gardi Sugdub in a life dedicated to the sea and tourism will trade that next week for the mainland’s solid ground.
Pedestrian dies after being hit by train in Brockville, Ont.
Brockville Police says a pedestrian has died following a collision with a train that was heading to Toronto.
'It feels like freedom': Why some Albertans like going nude in nature
Few people can say they accidentally purchased a nude beach — but Shelley can. When she saw a piece of land she could fondly remember camping on was up for sale, she inquired about it and ended up purchasing it. She soon found that there were already inhabitants on it.
Trump election victory 'very unlikely,' but 'possible': former FBI director Comey
Former FBI director James Comey says while he believes former U.S. president Donald Trump "will be defeated" in the upcoming presidential election, he doesn’t think it’s a given.