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EXTRADITION AND CRIMINAL MUTUAL LEGAL ASSISTANCE

Thursday, July 11, 2019 @ 8:41 AM  


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Appeal by Viscomi from an order of committal for extradition and for judicial review of an order of surrender by the Minister of Justice. The United States sought the extradition of the appellant to stand trial in Virginia for internet luring and child exploitation offences. The offences related to internet communications with a 17-year-old girl. Virginia Police determined the IP address was assigned to an account in the appellant’s name and his residential address. The Ontario police obtained a search warrant for the residence. They seized a computer that was determined not to have been used since 2008. They learned from the appellant’s sister that he recently moved out and took his laptop with him. The police obtained a second warrant to search the new address. They seized a laptop, which contained images of the complainant and copies of documents in the appellant’s name. The extradition judge upheld the search warrants and refused to order further disclosure sought by the appellant in the context of his application to exclude evidence for Charter breaches.

HELD: Appeal dismissed. The extradition judge did not err in concluding that the search warrants could reasonably have issued and that there was no violation of s. 8 of the Charter. He did not err in refusing to order further disclosure. His ruling on the disclosure application did not result in an unfair hearing of the appellant’s Charter application. The Minister’s decision was reasonable. The mere fact an American sentence might be more severe than in Canada did not make the extradition contrary to the principles of fundamental justice. The Minister’s satisfaction with the procedural protections afforded a person subject to the civil commitment process was reasonable. The Minister properly considered the factors relevant to whether the appellant’s extradition was preferred to a domestic prosecution. She made no error in concluding the extradition would not violate the appellant’s s. 6(1) Charter rights. Dissenting reasons were provided.

United States of America v. Viscomi, [2019] O.J. No. 3103, Ontario Court of Appeal, J.C. MacPherson, B. Miller and D. Paciocco JJ.A., June 14, 2019. Digest No. TLD-July82019012