A fella from Canada was "vacationing" with his daughter here in NY. Saturday he called police claiming his 9 yr old daughter had been abducted. Police didn't like his story and when she was found drowned in a lake under a log, he was held on murder charges.
question #1 who has first crack at him ...NY scene of the crime,.... Canada as the victim was Canadian.

Q #2 if he's convicted of a lesser crime and serves (say) 5 yrs in NY, can he be tried in Canada ??

Q #3 if he is a NY felon, can he reenter Canada?

Q #4 does NY have to honor a extradition request??

The crime is the jurisdiction of the State of New York. Murder is a state crime. New York will prosecute.

tried in Canada for what? Crime happened in NY. They have jurisdiction.

The other members answered your question as far as his being tried in NY, and in NY only.

If he's convicted and served time, he will be returned to his country at the completion of his sentence.

1) The murder reportedly occurred in New York, not in Canada. The crime will be prosecuted in NY only. The citizenship of a victim doesn't determine jurisdiction. That is dictated by the location where the crime occurred.

2) There's nothing regarding this murder to try in Canada. See #1.

3) Once convicted, he will serve his time in NY, and then be deported to Canada upon completion of his sentence. He is a Canadian citizen, so Canada will take him back. (A convicted felon from another country may not be able to obtain a visa to enter Canada, but citizens don't require visas to return to their home country.)

4) There's no reason for extradition. See #2 and #1.


The only way that he could be prosecuted in Canada is if there were crimes that occurred in Canada.

For example, let's say it comes out during this murder investigation that he had been abusing the daughter for years in Canada prior to this trip and her murder. The Canadian authorities could choose to prosecute him for the child abuse that occurred in Canada, but not for this murder that occurred in NY.

Or, for another example, let's say the investigation reveals that she was killed in Canada and then her body smuggled across the border and hidden in NY. In that case, Canada could then prosecute him for the murder, because it would have actually occurred in Canada, not in NY.

Quick search says that Canada's law provides for extraterritorial jurisdiction where certain crimes are committed by their citizens, but rarely used.

NYS owns the case, if he were released he'd be deported and bared from returning to the US.

quote:

Originally posted by Chowser:
tried in Canada for what? Crime happened in NY. They have jurisdiction.

There might be some exceptions. There was a Pennsylvania man who was charged in the US with killing his wife in Africa. Africa has limited resources and listed the death as accidental but the FBI ended up taking it over. The US has a law somewhere if two citizen are involved in a crime outside of the US they could intervene.

https://www.nbcnews.com/news/u...nce-15m-p-rcna101103