Saturday, April 26, 2008

Repeated charges extraordinary. Americans Arrest Man For Offence Committed, Tried and Already Punished in Canada

Susan Gamble

Six Nations' Trevor Miller is being held in a U.S. jail on a little-used and "inappropriate" principle, says a spokesman for the Canadian Bar Association.

James Morton, past-president of the group, said Thursday that the charges against Miller appear legal but may represent a serious swipe at Canadian sovereignty. "It's extraordinary," Morton said of Miller being arrested earlier this month and charged over the same Caledonian incident he's already been convicted of in Ontario. "I personally think this is a very serious issue. It's inappropriate for the U. S. to pursue these charges."

Miller pleaded guilty last May and was sentenced to time served for charges of robbery and assault relating to the day several Six Nations protesters swarmed an unmarked U. S. border patrol vehicle and assaulted two TV news cameramen.

Philip Knapp, one of the border patrol officers filed an affidavit lodging a complaint against Miller. "While this attack and theft happened in the country of Canada," Knapp said, "I seek this complaint based upon the extra-territorial applicability of the above federal criminal violations."

Miller first spent about six months in jail before being granted bail and, later, was sentenced to that time served. But he was arrested again when he tried to cross the Canada-U.S. border in Minnesota at the beginning of the month. He was moved to Buffalo, where he's being held awaiting arraignment, said Department of Justice spokesperson Peggy McFarland on Thursday.

McFarland couldn't say why the U.S. was repeating the charges, but she did indicate the Justice Department will be seeking Albert Douglas, who is also named in the affidavit. McFarland seemed unaware that Douglas is not in custody in the U.S. "They will probably work to arrest him with the OPP," she said. "That's usually the case in these circumstances."
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

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