Gangster Clay Roueche says rights were breached and sues
UN gang leader Clay Roueche is suing Canadian authorities for allegedly breaching his rights by providing U.S. authorities with information from his private communications, resulting in his arrest and imprisonment.
Roueche, who earlier this week lost his appeal of a 30-year U.S. jail term for drug trafficking, was indicted in the U.S. in October 2007 and a warrant was issued for his arrest.
According to a civil claim filed in B.C. Supreme Court, members of the U.S. Immigration and Customs Enforcement then advised Canadian law enforcement officials of the outstanding warrant.
Between 2007 and 2008, Canadian officials communicated with U. S. officials on ways to facilitate Roueche’s arrest without having to rely on extradition proceedings, says the claim.
In May 2008, Roueche boarded a plane from Vancouver to Mexico, with Canadian officials “unlawfully” requesting that Mexican authorities arrest Roueche and put him on a plane that would land in the U.S., it says. When Roueche arrived in Mexico, he was detained, denied entry into the country and ordered to board a plane for Vancouver, with a stop in Fort Worth, Texas.
When he arrived in Fort Worth, he was arrested by U.S. officials.
After his arrest, Canadian officials executed a search warrant on his residence in Coquitlam, contrary to the Privacy Act, says the lawsuit.
In addition, Roueche is claiming that authorities unlawfully disclosed intercepts of his communications to Canadian media, knowing that such disclosure would cause him injury.
Roueche says he learned of the alleged rights violations when an affidavit was filed in U.S. court in Washington state in October 2009.
On Dec. 16, 2009, he was sentenced to 30 years in jail for his involvement in a cross-border drugtrafficking ring.
Martin Peters, a l awyer for Roueche, said that, had there been an extradition process, there would have been no complaints about lack of due process.
“The tricks that were played here permitted the American authorities to skirt around all of that. It was those tricks that the Canadian authorities were directly involved in,” Peters said.
Peters admitted that not everyone who appears in B.C. Supreme Court is a sympathetic figure.
“I’m not saying he’s a boy scout, but I’m saying his charter rights deserve to be upheld,” he said of his client.
Named as defendants are the B.C. attorney-general’s ministry, being allegedly vicariously liable for the acts of the Organized Crime Agen- cy of B.C., the RCMP and the B.C. Integrated Gang Task Force.
Also named are the Vancouver and Abbotsford police departments.
Roueche is seeking a declaration that his rights to enter and remain in Canada, his right to liberty and security of the person and his right to not be arbitrarily detained have been infringed.
He’s asking for general, special, aggravated, exemplary and/or punitive damages.
The attorney-general’s ministry had no immediate comment. No statements of defence have been filed. A civil claim contains allegations that have not been proven in court. email@example.com