Canada Case Law

R. v. Beauvais

Court

Court of Appeal for Ontario

The trial judge erred by failing to adequately consider reasonable alternative inferences—specifically that another resident with access could have downloaded the material and that a virus capable of executing attacker commands could have allowed a remote third party to download the files—thereby imposing on the Crown the obligation to negate those reasonable possibilities; convictions were therefore set aside and a new trial ordered.

Source excerpt

• Possession of child pornography
• Accessing child pornography
• Making child pornography available
• Reasonable doubt
• Alternative inferences
• Publication ban

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R. v. Mathiesen

Court

Supreme Court of Nova Scotia

Considering the extreme size and depravity of the collection, the primacy of denunciation and deterrence for child sexual exploitation, and mitigating factors including guilty plea, first-offender status and agreed remand credit, a global custodial sentence of 682 days reduced by Summers/Duncan credit of 391 days yields a net custodial sentence of 290 days imprisonment followed by 36 months probation; ancillary orders (DNA, 20-year SOIRA, 5-year s.161, forfeiture) are appropriate; mandatory one-year minimums are conceded to violate s.12 and are moot for sentencing here.

Source excerpt

• Possession of child pornography
• Accessing child pornography
• Mandatory minimum challenge (s.12 charter)
• Pre-sentence custody credit (duncan/summers)
• Conditional sentence eligibility
• Ancillary orders (dna, soira, forfeiture)

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R. v. Brown

Court

Court of Appeal for Ontario

The Court held the conviction was reasonable because the totality of forensic and circumstantial evidence established the appellant as the only reasonable person with access and control over the computer and files; the trial judge’s reasons were sufficient; and the trial judge’s erroneous reference to a larger file count was harmless to the fitness of the three‑year sentence.

Source excerpt

• Possession of child pornography
• Accessing child pornography
• Making available child pornography
• Circumstantial evidence
• Fitness of sentence

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R. v. B.T.

Court

Supreme Court of British Columbia

Sentencing for sexual offences against a child: the court imposed 5 years’ imprisonment plus ancillary orders, after weighing Friesen, aggravating factors, and ASD/ADHD mitigation.

• Sexual interference
• Sexual assault
• Making child pornography
• Possession of child pornography
• Accessing child pornography
• Position of trust

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R. v. B.T.

Court

Supreme Court of British Columbia

The court convicted B.T. on six criminal counts involving sexual offences against a child and child pornography, relying on the complainant’s evidence and digital forensic proof.

• Sexual assault of a child
• Invitation to sexual touching
• Touching for a sexual purpose
• Making child pornography
• Possession of child pornography
• Accessing child pornography

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R. v. Hamlin

Court

Supreme Court of British Columbia

In sentencing Donald Eric Hamlin for child pornography offences, the court held the one-year mandatory minimums unconstitutional and imposed eight months’ imprisonment, three years’ probation, and ancillary orders.

• Mandatory minimum sentence
• Cruel and unusual punishment (s.12 charter)
• Possession of child pornography
• Accessing child pornography
• Section 163.1 criminal code
• Section 52(1) constitution act, 1982

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R. v. Meissner

Court

Supreme Court of British Columbia

The court acquitted Mr. Meissner on child-pornography possession and accessing counts, finding the images were child pornography but the Crown failed to prove knowing possession or access beyond a reasonable doubt.

• Possession of child pornography
• Accessing child pornography
• Mens rea
• Circumstantial evidence
• Digital forensics
• Wilful blindness

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R. v. Prince

Court

Supreme Court of British Columbia

Sentencing for child-pornography offences in which the accused received concurrent custodial terms, enhanced pretrial credit, a conditional stay on one count, and multiple ancillary orders.

• Possession of child pornography
• Possession for purpose of distribution
• Distribution/making available child pornography
• Accessing child pornography
• Pretrial custody credit
• Ancillary orders (dna, soira, forfeiture)

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R. v. Berry

Court

Supreme Court of British Columbia

Sentencing for child pornography possession and access: eight months' jail on each count concurrent, two years' probation, SOIRA and DNA orders, no s. 161 prohibition.

• Possession of child pornography
• Accessing child pornography
• Sentencing principles
• Ancillary orders (soira, dna, forfeiture, s.161)
• Child-pornography
• Criminal-sentencing

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United States v. Wong

Court

Supreme Court of British Columbia

Extradition committal was ordered for Justin Carl Wong on child pornography allegations, with the court rejecting Charter, jurisdiction, and Treaty-based objections.

• Double criminality
• Committal test under s.29
• Identification
• Jurisdiction of requesting state
• Extradition treaty interpretation
• Charter stay application

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