🚀 go-pugleaf

In article <aa088.766158686@freenet2>,
John Stewart <aa088@freenet.carleton.ca> wrote:
|In <2oe52a$n7q@indial1.io.com> shiva@indial1.io.com (Earl Cooley) writes:
|>The United States Supreme Court has ruled that it is legal for US Law
|>Enforcement people to kidnap and bring into the country foreign nationals
|>for trial under US law. Not even foreign heads of state are immune (like
|>Noreiga, for example).

Fortunately they're not completely deranged.  Even after the Supreme Court
ruled in this fashion, the Federal judge presiding over the case at
in which this was ruled (Alverez-Machain) tossed the whole case out.

|Perhaps, but in the case of Canada it would make more sense to make use
|of the extradition treaty between the US and Canada.

|There was a case several years ago where the State of Florida sent a
|couple of bounty hunters to Canada to retrieve a Canadian who was charged
|with fraud in Florida.

The Jaffe case.

|What the bounty hunters did in Canada is considered
|under Canadian law to be kidnapping.  Proceedings were started to extradite
|the bounty hunters back to Canada to face trial, but they voluntarily
|chose to come to Canada before the extradition process was completed.
|I don't know what sentence, if any, the bounty hunters received.

I believe they got 6 months.  Also, if I recall correctly, after much fuss
and time wasting, the Jaffe case itself self-destructed, and Jaffe was
able to return to Canada.  From what I remember, it looked as if the judge
was extremely unhappy with the kidnapping, but needed a different excuse
for dismissal.  Presumably similar to Alverez-Machain.

|It seems quite likely that a Canadian uttering death threats to the
|President of the United States could be extradited to face trial in the US.

The extradition process requires that the "offense" is illegal in Canada
too.  You cannot be extradited to the US from Canada for committing something
that is illegal in the USA, and not illegal in Canada.  This is because our
extradition laws are designed to protect people against persecution from
repressive laws in other countries.  Especially refugees.

As uttering death threats against the president is not illegal in
Canada, they'd have to come up with something different.  I don't think
our "normal" threat laws are deemed serious enough to be candidates for
extradition.  Also, there is the question of jurisdiction - our courts
are not likely to extradite to the US for a (especially minor) crime
committed on Canadian soil.  On the other hand, this would probably be
subject to ordinary "uttering threats" law in Canada, and they may end
up being charged and convicted *here*.  So I would recommend caution ;-)
--
Chris Lewis: _Una confibula non sat est_
Phone: Canada 613 832-0541  Ferret list: ferret-request@ferret.ocunix.on.ca
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