Credits: ANDRE FORGET/QMI AGENCY
But lawyers for Liang He argued Monday the extradition is an abuse of process designed to allow Japanese police to interrogate his client in order to solve a triple homicide inside a Tokyo grocery store in 1995.
"This is an abuse of process- the use of extradition to deliver a convention refugee to a foreign state for compelled interrogation," said his lawyer Robin Parker.
In a decision released Monday, Justice Robert Clark found some carelessness on the part of the Japanese police, noting most "materials were well prepared and reasonably comprehensive."
But He won't be going to Japan soon. Parker and co-counsel Peter Zaduk will be appealing to the Court of Appeal, as early as next week, for bail, and also to federal justice ministry to stay the proceedings. The appeals could postpone extradition for a year.
"No one gets extradited for a relatively minor offence, usually it's drug dealing and murder," said Zaduk. "Japanese police can hold people for 30 days for investigation and there have been coerced confessions leading to wrongful convictions there."
The case has drawn considerable international interest as 20 Japanese reporters swarmed the courthouse Monday.
Zaduk said the international media's interest is peaked by a breakthrough in a high-profile murders, not a passport prosecution.
On July 30, 1995, high school students, Hiromi Maeda, 16, and Megumi Yabuki, 17, and Noriko Inagaki, 47, all part-time workers, were fatally shot when a gunman broke into the second-floor office of a supermarket in Hachioji, a Tokyo suburb. The gunman bolted without stealing anything.
The case remain unsolved but Japanese police received a tip from a Japanese drug smuggler named Teruo Takeda, who was facing a death sentence in China for smuggling in 2009. Just before the 67-year-old man was executed in April 2010, he told investigators that He knew the gunman. Takeda also noted the 2002 forged passport used by He.
He, who was taken into custody Monday, has been on bail since September 2010 and was still working as a store clerk.
The father of two sons, ages 22 and 21, is now a permanent resident of Canada. He came as refugee from China in October 2006 .