United States v. Pitawanakwat
United States District Court for the District of Oregon
120 F. Supp. 2d 921 (2000)
- Written by Rich Walter, JD
Facts
In 1996, the Canadian government withdrew controversial policies that allegedly interfered with the tribal land rights of Canada’s indigenous peoples. Observers considered this policy change to have been the direct result of the indigenous-group protests that took place across Canada in the summer of 1995. In one such protest, James Pitawanakwat (defendant) and others occupied historic tribal land at Lake Gustafson in British Columbia. The Lake Gustafson protest ended in a violent confrontation between protesters and Canadian police. For his part in the confrontation, Pitawanakwat was arrested, tried, and imprisoned. Following his release, Pitawanakwat broke his parole agreement by moving to the United States. Canadian authorities requested Pitawanakwat’s extradition to face parole-violation charges in Canada. The federal government asked a magistrate judge to approve the transfer. Pitawanakwat moved to block extradition on the grounds that the relevant treaty contained an exemption for offenses that were incidentally related to violent uprisings or disturbances of a political character.
Rule of Law
Issue
Holding and Reasoning (Stewart, J.)
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