The applicant sought judicial review of the Minister of Justice's decision to order his extradition to the United States to face charges of engaging in a child exploitation enterprise, conspiracy to advertise the distribution of child pornography, and conspiracy to distribute child pornography.
The applicant had allegedly played a leadership role in an international child pornography organization operating a website called "Dreamboard." While on bail pending extradition proceedings, the applicant was charged in Canada with possession and making of child pornography, to which he pleaded guilty.
At sentencing, the applicant successfully applied to have the sentencing judge consider evidence of distribution through Dreamboard as an aggravating factor.
The applicant argued that his extradition would violate the protection against double jeopardy under the Canada-U.S. extradition treaty, would violate fundamental justice under the Charter due to the severity of potential sentence, and would unjustifiably infringe his right to remain in Canada.
The Court of Appeal upheld the Minister's decision, finding that the double jeopardy analysis must be offence-based rather than conduct-based, that the severity of the potential sentence would not shock the Canadian conscience, and that the applicant's Charter rights would not be violated.
