Ontario man loses bid to avoid extradition in child porn distribution case
A man who voluntarily told an Ontario court he had distributed child porn in an effort to avoid facing a related charge in the U.S. has lost another bid to stave off extradition.
Brandon William Lane, of Kingston, Ont., had pushed for a judicial review after the minister of justice upheld an order for his extradition, but that appeal was denied earlier this month.
Court documents show Lane, who pleaded guilty here to making and possessing child porn, brought up his role in a child pornography website called Dreamboard during his sentencing hearing.
He then argued that his role in distributing the material was reflected in his Canadian sentence, and that sending him to the U.S. to face charges related to the distribution of child porn would expose him to double jeopardy — meaning he would be punished twice for the same crime.
He also said extradition would violate his Charter rights because the American sentence — potentially up to lifetime — would be so severe as to “shock the Canadian conscience.”
But the Court of Appeal for Ontario rejected what it called his “tactical gambit to engineer a double jeopardy defence,” saying it was reasonable for the minister to rule that the Canadian and American offences are distinct.
“The Canadian offence contains no element of acting in concert with three or more persons in three or more incidents of exploiting children, involving three or more victims, or of knowing that the pornographic material is distributed interprovincially or internationally by computer,” the panel wrote in its decision.
Fred Russell Urey is shown in this undated handout image provided by the Pickens County Sheriff’s Office. Police in the United States say an Alberta woman being held against her will in a trailer in South Carolina jumped through a plate glass window to escape as officers surrounded the location.