Extradition from Canada—John Graham

John Graham, a Canadian man who is wanted in the United States on charges that he killed an American Indian Movement activist nearly 30 years ago, is challenging a Canadian court’s decision to have him extradited to the United States.^[1] At issue in his appeal is whether amendments to the Canadian Extradition Act, which “put less onus on countries to provide evidence to back their requests,” are constitutional.^[2] As a result, Mr. Graham will not be sent to the US before June 23 at the earliest.^[3]

Mr. Graham is accused of killing Anna Mae Pictou Aquash, who, like Mr. Graham, was an activist in the American Indian Movement.^[4] Ms. Aquash was a Mi’kmaq from Nova Scotia and her body was found in 1976 at the Pine Ridge Indian Reservation in South Dakota with a gunshot wound in the back of her head.^[5]

Mr. Graham claims that he had nothing to with her death, but his co-defendant, Arlo Looking Cloud, was convicted of first-degree murder last year.^[6]

Under the terms of the extradition treaty, murder is a crime for which extradition can be granted, because it is an offense punishable by the laws of both countries by imprisonment for more than one year.^[7]

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[1] John Graham to Remain Free on Bail, Associated Press, Nov. 10, 2005, available here.
[2] Former Native Activist’s Bail Extended in U.S. Murder Case Extradition Bid, Canadian Press, Nov. 7, 2005, available here.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Protocol Amending the Extradition Treaty with Canada, Jan. 11, 1988, U.S.-Can., art. 1, S. Treaty Doc. No. 101-17 (1991).