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
NEW Pack the macaroni necklace: Lessons on evacuations from a woman who fled one of Canada's worst wildfires
Carol Christian had 15 minutes to evacuate her home during the Fort McMurray wildfires in 2016. She ended up losing the house and everything inside. Now, she wants to share the lessons she learned.
NEW 'Ugly produce': One way Canadians are shrinking rising grocery bills
As the cost of food in Canada has risen, grocery shoppers are looking at ways to reduce their grocery bill, and more are choosing price over beauty, turning to companies that deliver so-called 'misfit' produce at a fraction of the cost.
Think twice before sharing 'heartbreaking' social media posts, RCMP warn
Mounties in B.C. are urging people to think twice before sharing "heartbreaking posts" on social media.
Trudeau calls New Brunswick's Conservative government a 'disgrace' on women's rights
Prime Minister Justin Trudeau assailed New Brunswick's premier and other conservative leaders on Thursday, calling out the provincial government's position on abortion, LGBTQ youth and climate change.
Miller scores late as Canucks grind out 3-2 win over Oilers in Game 5
J.T. Miller scored in the final minute of the game and the Vancouver Canucks came back for a 3-2 victory over the Edmonton Oilers in Game 5 of their second-round playoff series Thursday.
Father charged with second-degree murder in daughter's stabbing death
A father has been charged with second-degree murder in the stabbing death of his 34-year-old daughter in southern Quebec.
B.C. parents sentenced to 15 years for death of 6-year-old boy
A British Columbia Supreme Court judge has sentenced the mother and stepfather of a six-year-old boy who died from blunt-force trauma in 2018 to 15 years in prison.
Veteran TSN sportscaster Darren Dutchyshen has died
Veteran TSN broadcaster Darren 'Dutch' Dutchyshen, one of Canada’s best-known sports journalists, has died. He was 57. His family says 'he passed as he was surrounded by his closest loved ones.'
122 active wildfires burning across Canada, 32 considered 'out of control'
The 2024 wildfire season has begun, and it's shaping up to follow last year's unprecedented destruction in kind, with thousands of square kilometres already consumed.