B.C. Supreme Court halts extradition after finding DEA operated illegally in Canada without RCMP oversight
A judge has ruled the U.S. Drug Enforcement Administration conducted unlawful operations on Canadian soil by approaching a suspect without notifying the RCMP, ending an extradition proceeding.
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A B.C. Supreme Court justice has ended an extradition proceeding and ruled the U.S. Drug Enforcement Administration "operated unlawfully and illegally in Canada" after DEA agents approached a Canadian man on the Canadian side of the border without first contacting the RCMP as required.
Justice Catherine Murray found that the DEA's actions, without RCMP supervision, violated Canadian law. In her ruling, made public Wednesday but dated April 1, she stated: "Given what I consider to be egregious misconduct of the DEA, I conclude that proceeding with a trial would be harmful to the integrity of the justice system. Doing so would lend tacit legitimacy to clearly illegitimate actions and send a message that foreign states do not have to comply with RCMP protocols."
All names, dates and places in the ruling are redacted. The man, referred to as NP ("named person") in the decision, was arrested in the culmination of the DEA investigation, released the next day, and told to attend court. When he arrived, his name was not on the court list.
Two Canadian police officers and DEA Special Agent Jane Doe—identified only as "Jane Doe" in the ruling—showed up at his door. The agent told NP he was in serious trouble in the U.S. and had three options: run and eventually be found, go to prison, or cooperate. NP consulted both a Canadian lawyer and a U.S. lawyer.
The Canadian lawyer met with Doe and a second DEA agent to discuss a cooperation deal. NP signed the agreement, after which the DEA requested RCMP assistance to conduct an interview with "a Canadian citizen that is subject to criminal charges in the United States" and to establish NP as a confidential source based in Canada. An RCMP officer was assigned to assist and provide covert presence outside two meetings.
When the cooperation deal (proffer) was unsuccessful, RCMP informed the DEA. Despite this, NP continued to work in Canada with the DEA. At subsequent meetings, the agent asked for BlackBerry messages relating to the DEA's main investigation target and photographed them. NP was later asked to negotiate with the target to arrange and coordinate the transfer of funds between countries using an unregulated money transfer system, with cash to be provided by the DEA for the transaction.
The facts
What did the B.C. Supreme Court rule about the DEA's conduct in Canada?
Justice Catherine Murray found that the U.S. Drug Enforcement Administration operated unlawfully and illegally in Canada by approaching a Canadian suspect without first notifying the RCMP as required by law.
Why did the court halt the extradition proceeding?
Justice Murray concluded that proceeding with a trial would harm the integrity of the justice system by lending legitimacy to the DEA's illegitimate actions and sending a message that foreign states do not need to comply with RCMP protocols.
What options did DEA Special Agent Jane Doe present to the suspect?
The agent told the man he was in serious trouble in the U.S. and could run and eventually be found, go to prison, or cooperate with the investigation.
