Narwhal tusk smuggler freed pending appeal to Supreme Court

Narwhal tusk smuggler Gregory Logan has been released from custody while he waits to find out if the Supreme Court of Canada will hear his appeal of a New Brunswick ruling that allows him to be extradited to the United States to face money-laundering charges.

Logan, a former RCMP officer who now lives in Woodmans Point, N.B., pleaded guilty in October 2013 to seven counts of trafficking offences related to 250 narwhal ivory tusks.

Logan was fined $385,000 and given an eight-month conditional sentence that included four months of house arrest.

The U.S. Department of Justice wants to try Logan for money laundering and a July 2014 ruling in the Court of Queen's Bench ruled he could be extradited.

Logan appealed the extradition order, arguing it places him in double jeopardy since he can expect to be punished a second time for essentially the same thing he pleaded guilty to and was punished for in Canada.

In a ruling on Oct. 1, the New Brunswick Court of Appeal dismissed Logan's appeal.

Logan now wants to take his argument to the country's highest court and is seeking leave to appeal the ruling to the Supreme Court of Canada.

In a ruling released Thursday, Justice Bradley Green granted Logan's motion that he be released from custody while waiting to find out if the Supreme Court will hear his case.

Green's decision states Logan's "detention is not necessary in the public interest."

As a condition of his release, Logan must surrender to the Saint John Regional Correctional Centre by 4 p.m. on the day prior to the Supreme Court releasing its decision on Logan's applications for leave to appeal.

Logan is also required to acknowledge "that failure to surrender into custody will be deemed to constitute an abandonment of the appeal to the Supreme Court of Canada."

The lawyer represented the Attorney General of Canada. which is acting on behalf of the United States Justice Department, consented to Logan's release.