Alleged pot smugglers fail to annul extradition

High court denies appeal by 3 men sent to U.S. for their alleged involvement in scheme

Three men who were extradited to the United States following a drug smuggling scheme in which hundreds of pounds of marijuana were shipped from the Okanagan to California have had their appeal to reverse the extradition denied by the Supreme Court of Canada.

At least nine shipments of marijuana stored in hollowed-out logs were shipped from the Okanagan to California between March and November 2006.

Shane Donald Fraser, Todd Ian Ferguson and Daniel James Joinson were extradited for their alleged involvement in the scheme.

The case depends primarily on wiretap evidence that was gathered in Canada, said B.C. Court of Appeal Justice Ian Donald.

The accused argued wiretap authorizations were obtained in violation of the Charter of Rights and said further evidence was needed to determine the admissibility of evidence.

Court documents detail a series of intercepted calls between Fraser, Ferguson, Joinson and others in 2006 relating to discussions concerning the organization of marijuana shipments to the United States.

In the spring and summer of 2006, officers observed the men meeting in Vernon, where Ferguson apparently lived at the time.

Ferguson and Fraser were also seen in Kelowna when officers observed Ferguson picking up and dropping off Fraser at the airport.

Ferguson and Fraser were arrested in late November 2006, and in April 2015, they, along with Joinson, were extradited to the United States.

Fraser, Ferguson and Joinson filed an appeal with the Court of Appeal to have the extradition dismissed.

Justice Donald agreed some errors were made in the ruling.

“With respect, the extradition judge seems to have lost sight of the question whether there was sufficient information to assess whether the interceptions were lawfully obtained and therefore admissible according to Canadian law,” he wrote.

He said the correct approach was to “allow disclosure of further information,” as there was a “real question” about the admissibility of the Canadian-gathered evidence.

Donald allowed the appeals and submitted the matter to the Supreme Court for a new hearing.

The Supreme Court of Canada released its decision on Thursday, stating the appeal was denied.