On­tario man loses bid to avoid ex­tra­di­tion in child porn dis­tri­bu­tion case

Cape Breton Post - - News -

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.

AP PHOTO

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.

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