Court quashes extradition orders because men’s aboriginal status not considered

TORONTO – Ontario’s top court has ruled that two Canadian men facing drug charges in the United States should not be extradited because of their aboriginal status.

The Court of Appeal for Ontario has ruled that the justice minister didn’t properly take into account a legal principle that says different considerations must be made when sentencing aboriginal offenders.

The court says it would be “contrary to the principles of fundamental justice” to send the men to the U.S., where one of them could face 19 years in prison.

Factors under what is known as the Gladue principle are considered in Canadian law to try to offset systemic discrimination against aboriginal people.

Gladue, the court says, doesn’t automatically give aboriginal offenders a lighter sentence or equate to a “get out of jail free” card.

The Appeal Court says both men could be prosecuted in Canada.