Hells Angel back tattoo, undercover agent part of B.C. extradition case

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A man alleged to be a member of the Hells Angels lost his fight earlier this month against his extradition to the U.S. on drug charges.

David Oliynyk, who the court heard goes by the alias "Nick," learned in a British Columbia courtroom last week that his appeal had been dismissed.

Details of the hearing before the Court of Appeal have not yet been published, but a statement from the court confirmed the dismissal. The court said the statement would be replaced at some point with redacted reasons for judgment.

The decision was regarding a ruling made two years ago that Oliynyk would be sent to the U.S. to face drug trafficking charges. American authorities say the offences allegedly occurred in Washington state.

Part of the States' case against Oliynyk was heard in a 2020 extradition hearing before a B.C. Supreme Court Justice. The allegations have not been proven in court.

During that hearing, the court was told Oliynyk was believed to be part of a group that planned to transport cocaine and heroin from the U.S. into Canada. It is also alleged that Oliynyk was dealing cocaine and heroin.

U.S. authorities claim they learned details about the operation through an American drug-smuggler-turned-witness who'd agreed to work with investigators confidentially.

Much of the evidence came from that witness, but others involved in the drug trade and an undercover special agent are also part of U.S. authorities' case against Oliynyk.

Before B.C. Supreme Court Justice David Crossin, Oliynyk argued through several affidavits that the investigation was tainted by authorities' use of the confidential informant.

He questioned whether the witness should be considered reliable, given alleged drug-related wrongdoings in Canada.

He said the witness's offer of transporting drugs across the border was a starting point in the U.S. case against him, so any evidence collected after that should not be grounds for extradition.

Oliynyk also argued abuse of process, criticizing authorities' conduct during the investigation.

He tried to challenge the foundation of the case as well as its legitimacy, Crossin summarized in his decision.

The justice was asked to rule on the extradition alone, not the charges, and in this, looked at the evidence in the case without making a ruling of guilt or innocence.

Crossin said he was satisfied that that evidence could be considered admissible and reliable, and that a claim from Oliynyk of abuse of process had no basis.

The justice also believed that the person identified in the States' case was in fact Oliynyk – identification that Oliynyk conceded – in part due to the Hells Angels symbol tattooed on his back.

At the end of the hearing, Oliynyk's application to avoid extradition was dismissed, and he was put in custody to await his surrender to the U.S., but Oliynyk was also advised of his right to appeal and to apply for judicial interim release.

Oliynyk did appeal, but that court ruled too that he should be extradited.