The Minister’s decision that the American charges of conspiracy to distribute and advertise child pornography differ from the Canadian offence of distributing child pornography was also reasonable. A charge of conspiracy does not subsume the substantive offence. The essence of conspiracy is a meeting of minds with regard to a common design to do something unlawful, not the actual carrying out of that design: see Sheppe; United States of America v. Dynar, [1997] 2 S.C.R. 362, at paras. 86-90; and Lake, at para. 44.
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