Ontario Criminal

Extradition and Fugitive Offenders

IP subscriber information sufficient evidence indentifying fugitive as perpetrator

United States sought extradition of fugitive, Ontario resident, for offence of child luring. Fugitive was alleged to have initiated internet chat with 17 year old female, in arrangement fugitive could see female but she could not see him. Fugitive allegedly increasingly coerced, threatened, extorted and otherwise manipulated this naive young woman in ways that, ultimately, caused her to expose her breasts to fugitive, and then engage in series of explicit sexual and sexually violent activities with her 13-year-old sister for fugitive’s prurient, voyeuristic pleasure. Offence was quickly discovered by older sister; father reported it to police; I.P. address was traced and found to be assigned to fugitive. Order for committal made. There was sufficient admissible evidence that would justify committal of fugitive for trial if alleged offence of child luring had been committed in Canada. Evidence in Certified Record of Case permitted reasonable inference to be drawn that fugitive was perpetrator of offence. While IP subscriber information identifying fugitive was not conclusive evidence in that regard, it was sufficient evidence identifying fugitive as perpetrator to legally justify order committing him to extradition to United States.

United States of America v. Viscomi (May. 24, 2013, Ont. S.C.J., Kenneth L. Campbell J., File No. Ex-146/12) 107 W.C.B. (2d) 377.

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