Application for bail pending appeal of extradition order was dismissed

Ontario criminal | Criminal Law

Extradition proceedings

Extradition from Canada

Application for bail pending appeal of extradition order was dismissed

United States alleged that accused coerced two sisters living in Virginia into performing sadistic sexual acts with each other in front of webcam while accused watched and captured images on his computer for pleasure. Accused was arrested on domestic charges in 2012 and released on bail. Accused was subsequently arrested under Extradition Act and Canadian charges were withdrawn. Accused’s application for bail in relation to extradition proceedings was dismissed and accused was committed for extradition to United States. Accused was ultimately discharged on appeal, based on finding there was insufficient evidence for committal for offence of child luring. United Stated advised they conducted search of accused’s computer and as result, 80 new alleged victims were located, 70 of whom were in United States, and accused was once arrested and once again committed for extradition to United States. Accused commenced appeal of order. Accused brought application under Act for bail pending appeal of order committing him for extradition to United States. Application dismissed. Appeal was not frivolous; however, accused failed to show he was not flight risk. Strength of case against accused increased as was magnitude of accused’s alleged wrongdoing. Accused was well-versed in travel. Detention was necessary in public interest. Evidence against accused demonstrated ongoing systematic pattern of intimidating threatening and exploiting vulnerable children; risk of re-offending was not met by proposed plan of supervision. Accused’s continued detention was necessary to maintain public’s confidence in administration of justice.
United States of America v. Viscomi (2016), 2016 CarswellOnt 20375, 2016 ONCA 980, Eileen E. Gillese J.A., In Chambers (Ont. C.A.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay