B.C. appeal court orders extradition of man linked to Silk Road drug case
The British Columbia Court of Appeal has ordered the extradition of a man accused by U.S. authorities of trafficking drugs through the online marketplace Silk Road.
In a decision written by Justice Gomery, the court allowed an appeal by the federal government and set aside a lower court ruling that had discharged James Ellingson.
The United States, represented by the Attorney General of Canada, is seeking Ellingson’s extradition to face drug trafficking charges tied to activity on Silk Road between 2011 and 2013.
The appeal court found the extradition judge erred in law by applying an overly strict standard when assessing a summary of evidence known as the Record of the Case.
The ruling says the lower court improperly focused on gaps in the evidence and engaged in a deeper weighing of the case than is permitted at the extradition stage, where the threshold is whether there is a “plausible case.”
The court concluded there was sufficient evidence to justify committal based on a combination of factors, including the presence of login credentials for the account in Ellingson’s email, records suggesting drug-related notations and findings that Bitcoin transactions could be traced to accounts in his name.
Silk Road, created by Ross Ulbricht, operated as an anonymous online marketplace where illegal drugs were bought and sold using Bitcoin before it was shut down by U.S. authorities in 2013.
The appeal court ordered Ellingson committed for extradition to the United States, concluding the evidence, while summarized, was sufficient to support the case proceeding to trial.








