FREDERICTON: A New Brunswick man who was convicted two years ago for smuggling about 250 narwhal tusks into the United States has lost an appeal of an extradition order to the U.S.
Gregory Logan of Woodman’s Point was convicted in a New Brunswick court in 2013, fined $385,000 and given an eight-month conditional sentence to be served in the community.
The record fine under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act followed a 2 1/2 year investigation.
Environment Canada officials said Logan bought the tusks from northern Canada and violated the law by smuggling the items into a country that prohibits the importation of marine mammals.
The officials said Logan tied the long, spiralled ivory tusks to the bottom of his vehicle and drove across the border where he sold them to eight people in areas ranging from Maine to Hawaii.
In 2012, Logan was indicted in Maine on charges brought by American officials relating to unlawful importation and money laundering, and the United States sought his extradition, which was granted.
Logan appealed the order surrendering him to the United States and also sought a judicial review of the justice minister’s order.
However, in decisions released the New Brunswick Court of Appeal dismissed both requests.
Logan’s appeal argued that he faces double jeopardy and the charges in the United States could result in him being effectively convicted twice for the same events.
In her decision Justice Kathleen Quigg wrote: “There is no legal precedent for an extradition judge to grant a stay of extradition proceedings on the basis of a claim of double jeopardy.”
On the issue of judicial review, Quigg said the minister of justice acted properly.
“With respect to the issues raised by Mr. Logan, the minister applied the correct legal tests and principles,” she said. “Overall, the minister exercised his discretion properly.”
The court has ordered that Logan surrender himself to authorities within three days.
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