Convicted Jan. 6 rioter arrested in Whistler, B.C., 4 years after U.S. Capitol was stormed

A man convicted and sentenced to nine months in jail for his role in the Jan. 6, 2021, attack on the U.S. Capitol was arrested in Whistler, B.C., four years to the day after the riot. 

Rather than reporting to jail in the U.S., Antony Vo headed north to seek asylum in Canada.

He told CBC News last week that he was hoping U.S. president-elect Donald Trump would pardon him. 

Trump has said he would pardon "a large portion" of those involved in the 2021 attack on the Capitol. 

"He's already made too many promises in the public spotlight that it would look really bad if he didn't," Vo said. "And he's a man of his word."

WATCH | Jan. 6 rioter hits the ski slopes in B.C.: 

Betting on Trump pardon, convicted Jan. 6 rioter hits the slopes in Canada

6 days ago

Duration 1:48

An American who fled the country after being convicted for his role in the January 6th riot in Washington is now seeking political asylum in Canada. Antony Vo should be serving time in a U.S. federal prison, but instead, he's spending time in the B.C. mountains. He's counting on clemency when Donald Trump returns to the White House.

On Wednesday, a spokesperson for the Canada Border Services Agency (CBSA) said Vo was arrested in Whistler on Jan. 6 on a warrant under the Immigration and Refugee Protection Act (IRPA). 

The agency assesses whether people coming to Canada are legally admissible and investigates those already here who may not be. It can arrest and detain inadmissible individuals under the act. 

The CBSA says it has no record of Vo entering Canada at any official port of entry, and Vo's lawyer, Oluwadamilola Asuni, said he doesn't believe his client spoke to CBSA agents upon his arrival in the country. 

Between Jan. 1 and Oct. 31, 2024, the CBSA removed more than 14,000 foreign nationals for violating the IRPA, the agency says.

According to Asuni, Vo was arrested because he was not available for an interview.

"The fact that he said he was not going to be available for the interview does not in any way mean that he's trying to obstruct the CBSA ... or he doesn't want to go for the interview," Asuni said, claiming Vo suggested an alternative date for the interview. 

The CBSA said Wednesday afternoon that it would not provide details about the warrant or the status of Vo's refugee claim.

Asuni said Vo believes the arrest is politically motivated. 

"He thinks that Canada is just trying to prove a point ... to the current U.S. government to say, Oh, we are not condoning your political opponent or stuff like that," Asuni said. "He thinks the whole thing is unfair to him, and he thinks that the entire thing is unreasonable."

As of Wednesday afternoon, Vo remains in CBSA custody, Asuni said. He said Vo's next hearing is scheduled for Jan. 15. 

Asuni claims the CBSA decided to hold Vo in custody because he entered the country illegally and because he was escaping a prison sentence in the U.S.

CBC News reached out to CBSA for more details, but the agency said it could not comment further. 

Immigration lawyer Richard Kurland said it's rare for people to remain detained by CBSA. 

"The rule is prevent detention," he said. "It costs us 200 bucks a day."

Kurland said it's possible that Vo's media interviews sharing his situation over the weekend led CBSA to act now.

"The government knew where this person has been a long time," he said. 

"There's something amiss here."

He said Trump will interpret Vo's detention as a "diplomatic slap to the face."