The United States sought the extradition of the appellant for child luring based on internet communications traced to an IP address.
The extradition judge committed the appellant for extradition after inferring that the appellant was the user of the IP address at the relevant time because he was the subscriber.
The Court of Appeal held that this inference was unreasonable without further evidence linking the subscriber to the actual use of the device at the time of the offence, and quashed the committal order.
The Court also dismissed a constitutional challenge to the ex parte gathering and sending provisions of the Mutual Legal Assistance in Criminal Matters Act, finding they contained adequate safeguards to satisfy procedural fairness under the Charter.
