B.C. pedophile, homeward bound after Thai prison term, arrested at Vancouver airport

B00Mer

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A convicted pedophile who was once the subject of an international manhunt for allegedly posting his sexual assaults of children online after hiding his face behind a digital swirl has been arrested at Vancouver’s airport.

Christopher Neil was returning home to British Columbia after serving a prison sentence in Thailand for sexually assaulting a 13-year-old boy.

He was greeted on his return to Canada by members of the RCMP’s Integrated Child Exploitation Unit as he stepped off a plane Friday night.

Mr. Neil had a bail hearing on Saturday morning and will appear before a judge on Monday, when a judge will assess his release or impose any conditions, said Corporal Mat Van Laer of the child exploitation unit.

Cpl. Van Laer said police obtained a warrant for Mr. Neil’s arrest prior to his arrival at the airport because of fear for the public’s safety, even though there’s no evidence of any offence being committed in Canada.

“We felt that based on the severity and the nature of the crime that Mr. Neil has committed abroad it was important that we, at the very least, bring the intention forward to our courts and see what they have to say about that,” he said. “Crown counsel has reviewed the evidence and the information that was brought forward about the activities of Mr. Neil abroad, and I suppose they felt, as we did, confident enough that some form of monitoring would be a good idea in this case so they issued an arrest warrant.”

Mr. Neil, who once lived in Maple Ridge, B.C., had no fixed address when he was arrested Friday night, Cpl. Van Laer said.

Mr. Neil was caught after his swirly-faced digital photos were decoded by German computer experts so his face could be recognizable. Interpol circulated his photos, and tips allowed police to identify Mr. Neil, who was teaching English in Korea at time before fleeing to Thailand.

He was arrested in that country and surrounded by a throng of media. Television images of Mr. Neil entering a Bangkok courthouse at the time showed him barefoot, wearing an orange prison uniform and chained to another inmate.

He received a sentence of three years and three months after pleading guilty in the sex assault of the Thai boy after initially being sentenced to 6 1/2 years behind bars.

Mr. Neil was also alleged to have abused young boys in Cambodia and Vietnam several years ago.

Mr. Neil’s brother, Matthew Neil, said in 2008 that he regularly received letters from his sibling imprisoned in Thailand, where he was attempting to learn the language.

B.C. pedophile, homeward bound after Thai prison term, arrested at Vancouver airport - The Globe and Mail

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Glad they were able to keep this animal off the streets..
 

PoliticalNick

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This is actually a bit of a tough one. On the one side I can see the possible serious issue of public safety regarding somebody with his track record. On the other side this is a Canadian citizen who has apparently not committed any crimes in Canada. I would be interested to find out just what the charge was that allowed an arrest warrant to be issued. There may even be a serious civil rights violation if it is some trumped up bogus charge just to get him in custody. Please don't misunderstand, I am not trying to defend this idiot or his actions, I just believe strongly in our constitutional & legal rights and this may be a situation where, with the best intentions in mind, those rights have been breeched.

Could they have found a better pic to make this guy look deranged and dangerous? :lol:
 

B00Mer

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Canada has laws against sex tourism, I don't understand the problem in prosecuting for his crimes.

Child Sex Tourism : It's a Crime

ditto, and the USA also adopted the same laws..

If a Canadian or US Citizen is arrested for pedophilia while abroad, on your return trip you will be arrested.. best law ever written.

Now a Castration with a dull Cleaver law would be nice for pedophiles.

 

Machjo

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Strictly speaking, he has not broken any Canadian laws. He broke Thai laws and was punished accordingly and I think no Canadian court should be allowed to prosecute a crime not committed in its jurisdiction.

That said, it would be more than reasonable for Canada to place whatever restriction on his movements that the Thai judge prosecuting him had decided on after his release.

As for the link Karrie referred to, I actually disagree with such a law just as I disagree with US laws regarding Cuba applying to US citizens abroad: it violates another's jurisdiction.

Canada has laws against sex tourism, I don't understand the problem in prosecuting for his crimes.

Child Sex Tourism : It's a Crime

He'd already been prosecuted and served his time. We might agree or disagree with the length of the sentence, but that's not our jurisdiction and the decision has been made.
 

karrie

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Children's safety is not a jurisdictional issue in my books. And, we did not stop them prosecuting and jailing him, they just didn't do it as thorough as we might. They had their shot, now we get to throw the book at it him for the many unprosecuted cases
 

Goober

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Strictly speaking, he has not broken any Canadian laws. He broke Thai laws and was punished accordingly and I think no Canadian court should be allowed to prosecute a crime not committed in its jurisdiction.

That said, it would be more than reasonable for Canada to place whatever restriction on his movements that the Thai judge prosecuting him had decided on after his release.

As for the link Karrie referred to, I actually disagree with such a law just as I disagree with US laws regarding Cuba applying to US citizens abroad: it violates another's jurisdiction.



He'd already been prosecuted and served his time. We might agree or disagree with the length of the sentence, but that's not our jurisdiction and the decision has been made.

I agree with the law- same as the one that applies to those that travel overseas – outside of Canada for terrorist activities. And yes he did break a Canadian law - The US law you are referring to is for travel is it not?
 

PoliticalNick

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Canada has laws against sex tourism, I don't understand the problem in prosecuting for his crimes.

Child Sex Tourism : It's a Crime


Canadian citizens and permanent residents of Canada who engage in any of these prohibited sexual activities with a child in a foreign country can also be charged and prosecuted in Canada for these child sex tourism offences where they have not been convicted of these offences in the foreign country.

I would bring to your attention a thing called double jeopardy which is part of these laws. I also have a problem with people being charged with a crime that takes place in another jurisdiction. It is not Canada's place to make laws outside of our borders or attempt to bring justice in place of a foreign sovereign state.

This doesn't mean I wouldn't introduce the bast*rd to the business end of a .44 if he came near my kids but untill he actually does something in Canada there is no resins to prosecute him here.
 

Goober

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Children's safety is not a jurisdictional issue in my books. And, we did not stop them prosecuting and jailing him, they just didn't do it as thorough as we might. They had their shot, now we get to throw the book at it him for the many unprosecuted cases

I bet a dollar to a doughnut that he posted internet porn that was downloaded in Canada- He is going away- Long Time.
 

B00Mer

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I'm wondering if Machjo & PoliticalNick travel to Thailand way to often.. ;) :lol:

My Nephew was telling his grandmother how he wanted to go to Thailand on vacation, grandma snapped back quickly; "that's where all the gays go to vacation.." lol
 

karrie

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I would bring to your attention a thing called double jeopardy which is part of these laws. I also have a problem with people being charged with a crime that takes place in another jurisdiction. It is not Canada's place to make laws outside of our borders or attempt to bring justice in place of a foreign sovereign state.

This doesn't mean I wouldn't introduce the bast*rd to the business end of a .44 if he came near my kids but untill he actually does something in Canada there is no resins to prosecute him here.

He's only been prosecuted for one of many. No need to bring my attention to anything.
 

Goober

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I would bring to your attention a thing called double jeopardy which is part of these laws. I also have a problem with people being charged with a crime that takes place in another jurisdiction. It is not Canada's place to make laws outside of our borders or attempt to bring justice in place of a foreign sovereign state.

This doesn't mean I wouldn't introduce the bast*rd to the business end of a .44 if he came near my kids but untill he actually does something in Canada there is no resins to prosecute him here.
You are confusing the US version and yes at least 1 person was tried again in the US after being found not guilty.

Section Eleven of the Canadian Charter of Rights and Freedoms - Wikipedia, the free encyclopedia

Right not to be tried againSection 11(h) provides that

“ 11. Any person charged with an offence has the right ...
(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; ”

This prohibits double jeopardy. But often this prohibition only applies after the trial is finally concluded - in contrast to the laws of the United States, Canadian law allows the prosecution to appeal from an acquittal. If the acquittal is thrown out, the new trial is not considered to be double jeopardy because the first trial and its judgement would have been annulled.



Standards for section 11(h) were set in the Supreme Court case R. v. Wigglesworth (1987). The Court noted that section 11(h) only applies to criminal matters and so both charges must be criminal in nature to invoke the double jeopardy defence. The Court then proposed a two part test to determine whether the first proceedings was in relation to a criminal matters and therefore invoking section 11(h). First, it must be determined whether the matter is of a "public nature, intended to promote public order and welfare within a public sphere of activity". Second, it must be determined whether the matter involves "the imposition of true penal consequences".

A double jeopardy case came before the Supreme Court in Canada v. Schmidt, in which it was argued extradition to face a state charge of child-stealing would violate section 11(h) since the accused had already been acquitted of the allegedly similar federal kidnapping charge. (Even if these charges could be considered similar, this would not violate the double jeopardy clause in the Fifth Amendment to the United States Constitution, as the states are not bound by this amendment). Justice La Forest wrote for the majority, "I do not think our constitutional standards can be imposed on other countries." The majority found that the charge would be in accordance with "traditional procedures" in Ohio. Finally, it found that "It is interesting that, as we saw, the United States Supreme Court has repeatedly held that successive prosecutions at the federal and state level do not automatically offend against the due process clause, the spirit and content of which bears some resemblance to s. 7 of the Charter, although the courts would act to prevent oppressive behaviour."
 

PoliticalNick

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I bet a dollar to a doughnut that he posted internet porn that was downloaded in Canada- He is going away- Long Time.

That may well be and if it is the case and he can be successfuly prosecuted for something he did here then nail him. My point is that if they don't have a case for a crime he committed in Canada then a bogus charge just to get him into custody is a violation of civil rights.
 

PoliticalNick

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I'm wondering if Machjo & PoliticalNick travel to Thailand way to often.. ;) :lol:

My Nephew was telling his grandmother how he wanted to go to Thailand on vacation, grandma snapped back quickly; "that's where all the gays go to vacation.." lol

Oh you are so funny. There is a serious question as to if his arrest is unconstitutional and instead of discussing the topic you make lame jokes calling me a child didler. Maybe you just know you are wrong and letting your emotions get the better of you.

I defend our constitutional & civil right vehemently for everyone. A breech of a pedophile's rights is a breech of everyone's rights. You cannot have exceptions! I would like to see the death penalty for serial molesters or castration at least but only after a fair trial and conviction within the law. If you have to violate someone's rights to convict then it will be overturned in the SCC as it should.
 

Machjo

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I bet a dollar to a doughnut that he posted internet porn that was downloaded in Canada- He is going away- Long Time.

If he did, then we certainly could prosecute him for that. Thailand would have no business prosecuting him for pornographic material downloaded in Canada.

As for safety, I could see us telling him to stay away from kids, but not as a punishment but simply since he has proven to be dangerous to kids.
 

Machjo

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I'm wondering if Machjo & PoliticalNick travel to Thailand way to often.. ;) :lol:

My Nephew was telling his grandmother how he wanted to go to Thailand on vacation, grandma snapped back quickly; "that's where all the gays go to vacation.." lol

Actually, I've never been to Thailand, though I find your rationale illogical. I'm pro-life for instance, yet it irritates me when other pro-lifers use the cheap shot of joking that anyone who is pro-choice is necessarily loose and is looking to have a way out. you seem to be using the same irrational argument here that because I believe in clear jurisdictional boundaries that I'm suddenly a paedophile. Same logic.