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Extradition insight on kidnapping

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One of the beauties of the web is extended space.

A story that ran yesterday on the extradition of Kevin Maryk, the father of Abby and Dominic Maryk, said it could be delayed for months.

There's also a possibility that Maryk's friend Robert Groen could be deported, not extradited, said police.

Regardless, B.C. legal expert Gary Botting provided a LOT of legal insight on the matter, not all of which ran in the print version of our story.

I include it below for all the legal eagles who want to check it out. What do you think? And...I wonder, what does Emily Cablek think?

(One emailer already expressed his opinion, saying: "(Let) that SOB rot in a Mexican jail")

This is from Botting:

"An ordinary extradition process typically takes about a year, but this is not an ordinary case. The timeline may be affected by a number of variables, including the fact that they are likely to be held in comparatively sleazy accommodation in Mexico, learning to share accommodation with other less than savoury prisoners, often several to a cell. This might motivate the accused to opt to return to Canada more quickly, where they are more likely to be able to avail themselves of the rights and freedoms that we take for granted, including (if they are Canadians with roots here) the right to bail. They could always waive the right to an extradition hearing. If we were dealing with an straight extradition case, the time may be very short indeed. On the other hand, they may qualify for bail down in Mexico while the extradition is proceeding, in which case they could drag out the extradition process for a year or two."

"This case will be further complicated by the fact that Mexican authorities (ALLEGEDLY - GABRIELLE'S ADD) found illicit drugs and pornography on the property. These constitute criminal activities in Mexico, and Mexico is likely to want to prosecute those first before considering extraditing for charges such as abduction. The investigation there may be far more complex than meets the eye: what has happened to the children since they disappeared?...."

"While Mexico can extradite the person sought, Article XIV of the Canada-Mexico Extradition Treaty allows Mexico to postpone surrender of the person ‘when the person sought is being proceeded against or is serving a sentence within the territory of the Requested Party for an offence other than that for which extradition is requested ... until the conclusion of the proceedings or the service of any sentence that may have been proposed.' That could be a long time in the future.

Also, if the accused happen to be Mexican nationals (even if they are also Canadian citizens), under Article III, Mexico does not have to send them back for prosecution. However, if Mexico opts not to extradite, it must prosecute. Given that much if not most of the evidence is in Mexico (i.e., what happened to the girls since their arrival there), Mexico may well to choose prosecution over extradition. Faced with this prospect, the accused (of they have dual citizenship) may decide that Canada is not such a bad place after all, and decide that they are not Mexican but Canadian. In any case, under Article XI of the Treaty they may waive the extradition proceedings to get ‘home' to Canada more quickly to face the music. This would seem to be the best option for everyone."

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About Gabrielle Giroday

Gabrielle has handled the police and crime beat for the Winnipeg Free Press since 2009, meaning she’s seen the best and worst humanity has to offer.

Covering the crime beat in a city known for its homicide rate and violent crime can be challenging, but Gabrielle tries to look at the more complex factors that drive violent events. She began the beat after originally joining the Free Press in June 2005.

Her previous experience contributing to the Globe and Mail’s Report on Business magazine, the National Post, Maisonneuve magazine and NOW Magazine. She was also a member of the editorial board of the Queen’s University Feminist Review, and completed a degree there in politics and English. Some of the Toronto native’s favourite adventures include hitchhiking in the Cuban countryside during a stint studying in Havana, and hanging off the back of a jeep climbing the Kanchenjunga mountain in Nepal.

Gabrielle also felt privileged to write about the first-time elections in the Democratic Republic of Congo in the summer of 2006, and received a grant from the Canadian Association of Journalists and Canadian International Development Agency to write about sexual violence there.

She recently went to Cameroon in fall 2010 as part of an expert election monitoring team, on behalf of the Commonwealth.

When she’s not chasing a story, Gabrielle can be found jogging every morning by the Legislature and down Portage Avenue.

She’s always enthusiastic about stories that involve investigating the road less travelled or the opinion less broadcast.

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