Full Text:Volume 6A

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See also: Full Text:Volume 6

Contents

Terrorism Offences

Case Digests

Weapons Offences

Section 86: Careless Storage

Case Name Sentence Summary
R v Yang,
2018 ONCA 230 (CanLII), per curiam
Suspended Sentence
(5.5 months on remand)
The accused was a licenced gun owner who fired a semi-automatic 45 caliber Sig Sauer in his apartment while intoxicated. Court of appeal overturned a conditional discharge ordered by Justice Webber.
R v Grice,
2008 ONCJ 476 (CanLII), per Puglsey J
$500 fine Someone found accused was videotaping ex-wife in shower, found carelessly stored .22 cal rifle.
R v Davis,
2013 ABPC 69 (CanLII), per Lamoureux J
12 months / 4 years (global) had a shotgun, brass knuckles and stolen property

Section 87: Pointing a Firearm

Case Name Sentence Summary
R v Riggs,
2016 CanLII 89895 (NL SCTD), per Goodridge J
15 months The offender pointed a firearm at two persons
R v Nadon,
2016 ONSC 3518 (CanLII), per Kurke J
2 years (pointing)
R v Huson,
2009 BCSC 1825 (CanLII), per Schultes J
15 months The offender pleaded guilty pointing a firearm, uttering threats, assault, and use of a firearm. He was 30 years old with a prior record.
R v GWO,
[2009] O.J. No. 5926(*no CanLII links)
13 months
R v Tallon,
2003 CanLII 27268 (ON CA), per Rosenberg JA
R v Dumont,
2001 CanLII 24174 (ON CA), per Labrosse JA (2:1)
1 year CSO
R v LDM,
2001 NSCA 19 (CanLII), per Flinn JA
4 years
R v Beardy,
2001 MBCA 34 (CanLII), per Huband JA
1 year
R v Forrest,
2000 CanLII 5091 (ON CA), per curiam
18 years
R v Johnsen,
1999 BCCA 577 (CanLII), per Ryan JA
9 months + 18 mo prob. The offender was 23 years old. he was convicted of careless use of a firearm and pointing a firearm. He discharged a rifle through the door of his mother's home and then drove to his girlfriend's. Police confronted him and he pointed his firearm at them. He was intoxicated at the time and had a drinking problem. He was receiving counselling at the time of sentence.
R v McLetchie,
1999 CanLII 2759 (ON CA), per curiam
20 months (pointing)
R v Smith,
1999 CanLII 1544 (ON CA), per curiam
9 months (pointing) The offender pleaded guilty to pointing a firearm, assault causing bodily harm x 2, and assault x 3. The gun was not loaded.
R v Bedard,
1998 CanLII 4009 (ON CA), per Finlayson JA
1 months (pointing) The offender was convicted of pointing a firearm, assault with a weapon, careless storage of a firearm. He and an accomplice were both armed with guns assaulted the victim by holding a gun to his head and "pistol-whipping" him. May have been related to drug trafficking. Police find improperly stored rifle at offender's residence.
R v Smith, 1997 CanLII 832 (ON CA), per Rosenberg JA 2 years (pointing)
R v Heddle,
1997 CanLII 2998 (BC CA), per Southin JA
1 year (pointing)
R v Bruce (JUL),
1997 CanLII 16057 (NL SCTD), per Robert J
5 months + 3 yrs prob. The offender plead guilty to assault with a weapon, pointing a firearm, asauslt and uttering threats. He attacked his common-law partner, which included hitting, kicking, pulling of hair, putting a knife to her throat, and then pointing a gun at her then threatening her. He was 48 years at the time and had numerous health problems.
R v Gale,
1996 CanLII 5295 (NS CA), per Bateman JA
15 months + 2 yrs prob. The offender was convicted of assault and pointing a firearm. He pointed an unloaded rifle at his wife and pulled the trigger. At the time, he drunk and high, and was also on probation for assaulting his wife a previous time.
R v Senior,
1996 ABCA 71 (CanLII), per curiam
22 years (global)
R v Green,
1995 ABCA 77 (CanLII), per Cairns JA
9 months (pointing)
3 months (assault)
The offender was convicted of assault and pointing a firearm. He was in a domestic dispute where he hit his partner. Police arrived and during a confrontation he pointed a firearm at a police officer.
R v Whalen,
(1994), 1994 CanLII 10347 (NL SCTD), per Hickman CJ
9 months (assault weapon)
R v Bunker,
1994 ABCA 99 (CanLII), per curiam
3 years The offender was convicted of manslaughter and pointing a firearm. He entered into a residence and fired 4 shots at one person, hitting him twice, and then attempted to shoot another person but the gun was out of ammunition. He was 25 years old with a lengthy non-violent record. He was high on cocaine at the time.
R v Forsythe,
1994 CanLII 2492 (BC CA), per Hutcheon JA
4 years The offender was convicted of two counts pointing a firearm, one count possession of a rifle for dangerous purpose. He got into an argument with his brother in law. While brother in law was running away, he fired a rifle at him twice. When another person attempted to flee he jumped on the hood of the car, pointed the rifle at them and threatened them. He was 26 years old and had a lengthy record of violence.
R v Cummings,
1993 CanLII 7789 (NL CA), per Gushue JA
4 years (global)
1 year (pointing)
The offender pleaded guilty to pointing a firearm, aggravated assault, using firearm while committing an offence, and possession of a dangerous weapon. He fired a shotgun at his ex-partner. The shot came close to the victim. She was traumatized by the event. He was undergoing psychiatric care at the time due to grief from the death of his wife.
R v Walters,
1993 CanLII 1888 (BC CA), per Lambert JA
3 years (pointing) The offender was convicted on pointing a firearm and aggravated assault. The offender was on a drug binge and pointed a sawed off .22 caliber gun at a person and demanded that the victim give him drugs. He was unaware if the gun was loaded or not. A struggle ensued. He had a record that included a weapons offence.
R v Roberts,
1992 CanLII 1316 (BC CA), per Taggart JA
3 months The offender plead guilty to pointing a firearm. He pointed an unloaded rifle at a bus driver two times. He had a prior conviction for cultivating marijuana. A 5 year weapons prohibition was ordered.

Section 88: Dangerous Purpose

Case Name Sentence Summary
R v Silvera,
2019 ONCJ 27 (CanLII), per Silverstein J
discharge
R v Clarke,
2012 CanLII 60848 (NL PC), per Porter J
60 days (poss'n)
30 days (assault x 2)
30 days (breach x 2)
The offender was convicted of assaulting two persons and carrying a knife while he committed the two assaults.
R v Sousa,
2011 ONSC 6463 (CanLII), per MacDonnell J
2.5 years handgun
R v Ugodnikov,
2008 ABPC 249 (CanLII), per Stevens-Guille J
60 days The offender was convicted of weidlign a knife while in a busy Edmonton street crowd during the hockey playoffs. He had no prior record. The pre-sentence report was positive. Judge stated that the offence was highly dangerous and needed general deterrence.

Section 95: Possession of a Restricted/Prohibited Firearm

Case Name Sentence Summary
R v Dalton,
2018 ONSC 544 (CanLII), per Garton J
CSO and probation Summary of case is pending. [Garton SCJ]
R v Hassan,
2017 ONSC 4570 (CanLII), per Backhouse J
2 years less a day CSO The offender was convicted at trial of numerous firearms offences. He was found in his vehicle while in possession of an unloaded prohibited firearm and had ammo in his pocket. He was 24 years old and had a minor criminal record.
R v Nsiah,
2017 ONSC 769 (CanLII), per Goldstein J
2.5 years Summary of case is pending. [Goldstein SCJ]
R v Squires,
2017 CanLII 17175 (NL PC) , per Skanes J
2 years and prob. The offender pleaded guilty to s. 95(1), s. 117.01 and s. 108(1)(b). The judge rejected the request for a conditional sentence. [per Skanes PCJ]
R v Shunmoganathan,
2016 ONCJ 519 (CanLII), per Blouin J
2 years less a day CSO The offender was found guilty of storing a gun in her bedroom closet with ammunition in her pocket in a jacket nearby. She was 18 years old.
R v Sears,
2016 BCSC 965 (CanLII), per Betton J
19 month CSO Summary of case is pending.
R v Rutledge,
2015 ONSC 6625 (CanLII), per Wien J
18 months and Probation The offender was convicted at trial for possessing three prohibited handguns and careless storage of several long-guns and ammunition. His son and step-son were involved in drug dealing, which he facilitated by letting them use his farm property. He was found responsible on a standard of wilful blindness. He was 56 years old.
R v Browne,
2014 ONSC 4217 (CanLII), per Campbell J
3 years Summary of case is pending.
R v Hector,
2014 ONSC 1970 (CanLII), per MacDonnell J
6 years (global) Summary of case is pending.
R v Nuttley,
2013 ONCJ 727 (CanLII), per Brown J
13 months CSO Summary of case is pending.
R v Charles,
2013 ONCA 681 (CanLII), per Cronk JA
7 years Summary of case is pending.

Section 90: Concealed Weapon

Case Name Sentence Summary
R v Ramirez,
2012 ABPC 176 (CanLII), per Fradsham J
discharge no record

Section 99, 100: Weapons Trafficking

Case Name Sentence Summary
R v Farah,
2016 ONSC 5000 (CanLII), per Campbell J
8 years The offender was convicted of weapons trafficking and criminal organization.

Section 103: Importing Weapons

Case Name Sentence Summary
R v Ross,
2010 BCCA 314 (CanLII), [2010] BCJ 1394 (BCCA), per Bennett JA
5 years Offender imported 4 firearms.

Possession of a Weapon Contrary to an Order (117.01)

Case Name Sentence Summary
R v Morrow,
2011 BCCA 155 (CanLII), per Neilson JA
5 years Summary of case is pending.
R v Charles,
2010 ONSC 5437 (CanLII), per Backhouse J
5 months Summary of case is pending.
R v Chan,
2011 NSSC 471 (CanLII), per Wright J
1 year Summary of case is pending.
R v Moss,
2006 NLTD 98 (CanLII), [2006] NJ No 174 (SC), per Schwartz J
1 year also charged w robbery (9 years); guilty plea
R v Boutilier,
2006 NLTD 30 (CanLII), [2006] NJ No 42 (NLSC), per O'Regan J
also convicted for other firearm offences (3 years) 1 year
R v Lavers
2010 NLCA 73 (CanLII), [2010] NJ No 390 (NLCA), per Welsh JA
2 months Summary of case is pending.
R v Maddigan,
2009 ONCA 269 (CanLII), per curiam
12 months consecutive connection to Hells Angels; also convicted of firearms offences (2 years)
R v Clark,
2008 ABPC 371 (CanLII), per Dunnigan J
2 years also convicted of drug trafficking (4 years)
R v Barnett,
2011 BCPC 320 (CanLII), per Raven J
30 months also convicted of trafficking (30 months)

Discharging a Firearm (s. 244)

Case Name Sentence Summary
R v Nungusuituq,
2019 NUCJ 6 (CanLII)(
complete citation pending)
3 years
R v Yang,
2018 ONCA 230 (CanLII), per curiam
See above See above
R v Cox,
2015 ONCA 769 (CanLII), per curiam
11 years Discharged a firearm in the course of a robbery.
R v Jefferson,
2014 ONCA 434 (CanLII), per curiam
10 years
R v Derion,
2013 BCPC 381 (CanLII), per Giardini J
7 years The offender was convicted of discharging a firearm and possession of a loaded restricted firearm and possession of a firearm dangerous to the public. He discharged a firearm during a drug deal gone bad. The offender was of aboriginal heritage. He had an extensive criminal record.
R v Halleran,
2013 CanLII 13309 (NL PC), [2013] NJ 120 (NLPC), per Marshall J
7 years (discharge)
7 years (agg. assault)
The offender got into a dispute with the victim over a drug debt. He discharged a .22 caliber rifle shooting the victim in the leg. He then reloaded and held the gun to the victim's chin. He then stabbed the victim in the face, chest, back and scrotum. The offender was 19 years old with one prior conviction for violence.
R v Ghebreigziabiher, 2012 ONSC 5384 (CanLII), per Kelly J 4 years (discharge) "the offender, with a prior criminal record, was sentenced to nine years for aggravated assault (s. 268) and one year consecutive for possession of a firearm while prohibited by court order. He also received concurrent sentences of four years for discharging a firearm, two years for pointing a firearm and one year for possession of ammunition contrary to court order. "
R v Jones, 2012 ONCA 609 (CanLII), per curiam 9 years "the offender was sentenced to ten years following convictions for aggravated assault, discharging a firearm with intent to wound, using a firearm while committing an indictable offence, kidnapping with a firearm, and possession of a restricted weapon. The facts involved a kidnapping which evolved into a confrontation in which gunfire was exchanged. One victim was hit in the crossfire and injured. The Court of Appeal upheld concurrent sentences of nine years for the aggravated assault (s. 268) and the discharge of firearm with intent to wound (s. 244). "
R v Chan, 2011 NSSC 471 (CanLII), per Wright J 7 years (discharge) "the offender, who had a prior criminal record, was sentenced to eleven years following convictions for two separate gun-related incidents. In the first incident the offender went into a shop and fired a Glock 9 mm handgun three times in the direction of the intended victim. The motive for the crime was to settle an altercation. The second incident involved unauthorized possession of a firearm, but it was not fired or aimed at anyone. The sentence breakdown for each individual crime is not relevant here because the sections of the Criminal Code that were engaged are mostly different, and because the totality principle was used to reduce the overall sentence. However, it is helpful and comparable to note that a seven-year sentence was imposed for the discharge of firearm with intent to wound (s. 244) and that the total sentence for the two gun-related incidents was eleven years. In order to achieve parity, we are looking at something close to seven years for the s. 244 offence, and something close to 11 years for the total sentence."
R v Walker-King,
2011 ONSC 4307 (CanLII), per Thorburn J
9.5 years "the twenty-year-old offender went to a private residence with a loaded handgun, and shot the victim in the abdomen. He had a prior record as a young offender. The sentence was 9.5 years broken down as follows: aggravated assault (s. 268), eight years; discharge of firearm with intent to wound (s. 244), seven years concurrent; breach of recognizance (s. 145(3)), one year; and wearing disguise, six months. These are similar facts and circumstances, and a comparable sentence for Mr. Marsh’s s. 244 and s. 268 offences should be close to seven years for each incident."
R v Bellissimo,
2009 ONCA 49 (CanLII), per curiam
The offender was convicted of aggravated assault and discharging a firearm with intent to wound. He fired shots in a restaurant and hit two people. Judge suggested a range of 7 to 11 years.

See Also

Conspiracies and Criminal Organizations

Case Digests

Case Name Sentence Summary
R v Sappier,
2016 CanLII 89863 (NBCA), per Baird JA
30 months The offender was convicted of conspiracy to traffic in methamphetamine. See also Drug Trafficking (Sentencing Cases)
R v Shepherd,
2016 NSSC 329 (CanLII), per Duncan J
10 years The offender assisted two co-conspirators in their plan to kill as many people as possible in a mall on valentine's day. He had no prior record The sentence was a joint recommendation. [per Duncan J]

Causing a Disturbance

Case Digests

Criminal Negligence

Case Digests

Case Name Sentence Summary
R v Dedeckere,
2017 ONCA 799 (CanLII), per curiam
1 year The offender plead guilty to criminal negligence causing bodily harm. He attempted to kill himself by driving into a power poll and incidentally caused serious harm to a pedestrian. Mental health played a significant role in the offence. The Court of appeal overturned a 2 year sentence.

Causing Death

See also: Infanticide (Sentencing Cases)
Case Name Sentence Summary
R v Calahoo,
2019 ABQB 30 (CanLII), per Ross J
2 years less a day Shaking 2 month old baby resulting in child's death

Unreported

  • [1] 2 years, 4 months (NS)

Defamatory Libel

Case Digests

Failing to Provide the Necessities of Life

Case Digests

Case Name Sentence Summary
R v Stephan,
2016 ABQB 353 (CanLII), per Jerke J
4 months + prob. (husband)
3 months CSO (wife)
The offender parents did not take their 18 month old child to a medical professional for treatment despite serious illness. This contributed to the child's death.
R v MacDonnell,
2013 NSSC 29 (CanLII), per Coady J
2 years (aggravated)
2 years (failure)
2 years (global)
Offender plead guilty to s. 215(2)(b) and 268(1). She was given care of a 22 month old child apprehended by children services. Offender intentionally under-nourished child while at the children's hospital by tampering with the child's food intake. She was diagnosed with Factitious Disorder by Proxy. Court also ordered 3 years probation, a s. 109 weapons order and DNA order.
R v ET,
2012 SKQB 169 (CanLII), per Gerein J
3 years

Counselling or Aiding Suicide

Case Digests

Keeping a Common Bawdy-house

Case Digests

Kidnapping and Unlawful Confinement

Case Digests

Case Name Prv. Crt. Sentence Summary
R v Dillon,
2017 SKCA 28 (CanLII), per Lane JA
SK CA 3 years (kidnapping)
30 day (breaches x2)
The offender pleaded guilty to kidnapping and breach of conditions x 2.
R v Paradis,
2016 BCPC 354 (CanLII), per Doulis J
BC PC 6 months (confinement)
6 months (threats)
14 and 45 days (breach)
The offender pleaded guilty to confinement, uttering threats, and two counts of breaches. The offender assaulted his domestic partner by hitting her up to 70 times, choked her, and threatened her if she attempted to leave the trailer they were in. [per Doulis PCJ]
R v Ghodsi,
2013 ABCA 337 (CanLII), per Berger JA
AB CA 2.5 years The offender took his 3 and 8 year old children to Iran for vacation and never returned. He was not charged until 8 years later.
R v Cook,
2013 MBQB 100 (CanLII), per Martin J
MB SC 9 years (kidnapping)
7 years (sexual assault)
The offender kidnapped woman and sexually assaulted her at his home.
R v White
2012 ONCJ 619 (CanLII), per Devlin J
ON PC 2 years less a day The offender built dungeon in basement of building to kidnap friend of ex-wife. He was also sentenced for break and enter of building.
R v Singh
2011 ONCJ 394 (CanLII), per Robertson J
ON PC 6 months (confinement)
3.5 years (global)
The offender was found guilty of s.88, 264.1, and forceable confinement of wife. He assaulted his wife with a pipe and forced her into house to hide from authorities. He had no record and was on house arrest for 34 months pending this case. He was remorseful. There were serious long-standing injuries to victim.
R v Oxford
2009 CanLII 70905 (NL PC), per Gorman J
NL PC 12 months The offender was also sentenced on poss'n of weapon (88) and breaches. He confined wife in the house at knife-point.
R v Power
2008 NLTD 6 (CanLII), per Thompson J
NL SC 5 months (confinement)
16 months (global)
The offender was also sentenced for assault, uttering threats, and breaches. He assaulted his wife on numerous occasions. The offender would not let accused out of vehicle.
R v McBride
2003 NSSC 204 (CanLII), per Kelly J
NS SC 16 month CSO (JR) The offender also sentenced for assault causing and breach of probation. He grabbed wife by throat and confined her in the vehicle. The offender had 14 prior convictions for violence against women. The sentence was a joint recommendation.
R v Gbeve
2001 MBCA 73 (CanLII), per Kroft JA
MB CA
R v Pupovic
2000 CanLII 16876 (ONCA), per curiam
ON CA 2 years The offender bound and gagged his mother-in-law and put her in the basement. The victim was found and rescued by a neighbour. The offender appealed from sentence of 5 years.
R v Savchenko
2000 CanLII 28797 (NL SCTD), (2000), 191 Nfld. & P.E.I.R. 225 (NLSC), per Adams J
NL SC 18 months The offender was also sentenced for assault with a weapon, uttering threats, and unlawful entry. He entered into victim's apartment and forced them into a car and drove with the victim at knife-point, the victim escaped while the car was stopped. The offender had an unrelated record.
R v Rowe
1994 CanLII 10494 (NL SCTD), (1994), 126 Nfld. & P.E.I.R. 301 (NLSC), per Easton J
NL SC 3 months (confinement)
The offender also sentenced for uttering threats, dangerous operation, and assault with a weapon. He confined wife in a vehicle. [per Easton J]

Trespassing at Night

Case Digests

Case Name Sentence Summary
R v Stewart,
[2004] N.J. No. 278 (P.C.), 2004 CanLII 5541 (NL PC), per Porter J
30 days jail for each count included 3 counts of prowling and other offences
R v Blaisdell,
2001 PESCAD 5 (CanLII), per curiam
30 days jail included other offences such as 264.1
R v Hawes,
1994 CanLII 4017 (NS CA), per Pugsley JA
30 days jail long prior record

Trafficking in Persons



Case Digests

Case Name Sentence Summary
R v AE,
2018 ONSC 471 (CanLII), per Boswell J
10 years Summary of case is pending.
R v Alexis-McLymont and Elgin and Hird,
2018 CanLII 8524 (ON SC), per Leach J
6 years (global, Alexis-McLymont)
9 years (global, Hird)
Elgin and Hird were convicted of human trafficking offences relating to persons under 18, sexual interference, sexual assault and unlawful confinement. Alexis-McLymont was convicted of human trafficking offences relating to persons under 18.
R v NA,
2017 ONCJ 665 (CanLII), per Monahan J
R v DA,
2017 ONSC 3722 (CanLII), per André J
[1]
R v Campbell,
2017 ONSC 26 (CanLII), per McWatt J
45 months (global) Summary of case is pending.[2]
R v Deiaco,
2017 ONSC 3174 (CanLII), per Kelly J
8 years (global) The offender plead guilty to trafficking in persons related offences, kidnapping and unlawful confinement, assault causing bodily harm, and use of an imitation weapon. The main victim travelled to Toronto to enter a drug rehabilitation facility. She met the accused who connected her with a source of drugs in exchange for sex and prostitution. She escaped and then was found again by the accused and his associates where she and her boyfriend were badly assaulted. The offender was 32 years old with a long criminal history.[3]
R v NJ,
2017 ONSC 3995 (CanLII), per Hill J
5 years The offender plead guilty to assault x 2 and procuring under s. 212(1)(h) x 4.
R v RS,
2017 ONCA 141 (CanLII), per curiam
5 years Appeal from 2016 ONSC 2939 (CanLII), per Aitken J
R v Finestone,
2017 ONCJ 22 (CanLII), per Greene J
4 years The offender was convicted of trafficking persons under the age of 18 years. The victim was 16 years old at the time. The Court finds the mandatory minimum of 5 years to be cruel and unusual punishment.
R v S,
2016 ONSC 2939 (CanLII), [2016] O.J. No. 2411 (S.C.), per Aitken J
Human trafficking (5 years)
benefit from trafficking (3 years)Withholding documents (6 months)
assault (1 year)
threats (6 months)
breach (6 months)
Summary of case is pending.[4]
R v Byron,
2014 ONSC 990 (CanLII), per Warkentin J
6 years procuring, living off avails and aiding person under age of 18 to engage in prostitution as well as human trafficking.
R v Moazami,
2015 BCSC 2055 (CanLII), per Bruce J
23 years The offender was convicted of living off the avails of prostitution.
R v McPherson,
2013 ONSC 1635 (CanLII), per Baltman J
4 years The offender was convicted of living off the avails under s. 212. [5]
R v Wallace,
2009 ABCA 300 (CanLII), per curiam
3 years Summary of case is pending.
R v Mfizi,
2008 CanLII 29779 (ON SC), [2008] O.J. No. 2430 (Sup. Ct.), per Thorburn J
8 years The offender procured a 17 year old female to work as a prostitute. She worked for him for about 3 months. He assaulted her on multiple occasions.
R v Bennett,
[2004] O.J. No. 1146 (C.A.)(*no CanLII links)
4.5 years The offender compelled three underage females to enter into prostitution. [6]
R v Tang (1997),
1997 ABCA 174 (CanLII), per curiam
Summary of case is pending.
  1. see case summary at 2018 CanLII 8524 (ON SC), per Leach J, at para 58
  2. see for summary 2018 ONSC 471 (CanLII), per Boswell J, at para 64
  3. see case summary at 2018 CanLII 8524 (ON SC), per Leach J, at para 57
  4. short summary found at 2017 ONSC 26 (CanLII), per McWatt J, at para 73
  5. short summary found at 2017 ONSC 26 (CanLII), per McWatt J, at para 75
  6. short summary found at 2017 ONSC 26 (CanLII), per McWatt J, at para 74

Unpublished

  • R v RAW - 4 years - trafficked underage female - Justice Brothers

See Also

Intimidation

Case Digests

Case Name Sentence Summary
R v Ackert,
2015 SKQB 293 (CanLII), per Tholl J
Suspended Sentence Summary of case is pending.
R v Avrett,
2001 BCPC 281 (CanLII), per Ellan J
Suspended Sentence Summary of case is pending.

Forcible Entry

Case Name Sentence Summary
R v Wilson,
2006 NBQB 70 (CanLII), per McLellan J
3 months + Pr Offender had 90 days remand credit.

Public Incitement of Hatred

Case Digests

Case Name Sentence Summary
R v Mackenzie,
2016 ABPC 173 (CanLII), per Fradsham J
R v Castonguay,
(2013) 3 C.R. (7th) 82 (QCCQ), 2013 QCCQ 4285 (CanLII), per DeCoste J
11 months
R v Mahr,
2010 ONCJ 216 (CanLII), per Douglas J
6 months
R v Noble,
2008 BCSC 216 (CanLII), per Parrett J
6 months
R v Presseault,
2007 QCCQ 384 (CanLII), per Vauclair J
6 months
R v Nicholson,
2002 Carswell BC 3592, 57 W.C.B. (2d) 234(*no CanLII links)
1 year CSO
R v Harding,
(2001) 2001 CanLII 28036 (ON SC), 40 C.R. (5th) 119 (Ont.S.C.J.), per Dambrot J
3 months
R v Lelas
(1990), 1990 CanLII 6836 (ON CA), 58 CCC (3d) 568 (Ont. C.A.), per Houlden JA (2:1)
1 year
R v Andrews and Smith
(1988), 1988 CanLII 200 (ON CA), 65 O.R. (2d) 161 (C.A.), per Grange JA
3 months and 1 month

Overcoming Resistance

Case Digests

Case Name Sentence Summary
R v Robinson, [1993] 135 A.R. 342 (C.A.)(*no CanLII links) 4 years Accused attacked victim in parking lot, choked her to unconsciousness in attempt to rob victim. Appealed from 2.5 year sentence.
R v Kruse,
2004 ABPC 194 (CanLII), per Meagher J
3 years Accused plead guilty to choking, uttering threats, assault causing bodily harm. Offender picked up victim who was prostitute.

Unlawful Assembly and Rioting

Case Digests

Case Name Sentence Summary
R v Singh,
2014 BCPC 139 (CanLII), per Bahen J
conditional discharge The offender plead guilty to participating in the Vancouver Olympics riots. He was one of 300 people who looted a store resulting in almost a million dollars in losses. Crown sought CSO.
R v Johal,
2014 BCPC 89 (CanLII), per Rideout J
suspended
R v Williams
2013 BCCA 116 (CanLII), per Garson JA
90 days
R v Peepre,
2013 BCCA 115 (CanLII), per Garson JA
60 days detailed table of cases at end
R v Chou
2013 BCPC 23 (CanLII), per Dhillon J
90 days CSO
R v Renderos
2012 BCPC 467 (CanLII), per Palmer J
45 days + P
R v Andrews
2012 BCPC 486 (CanLII), per Palmer J
3 month CSO + P
R v Hodson
2012 BCPC 468 (CanLII), per Palmer J
18 month CSO
R v Loewen
1992 CanLII 6003 (BC CA),
(1992) 75 CCC (3d) 184, per Carrothers JA
6 months + Pr also charged with mischief


Firearms Offences

General

Case Name Sentence Summary
R v Nadon,
2016 ONSC 3518 (CanLII), per Kurke J
2 years (pointing x2)
1 year (threats)
1 year (confinement)
3 years (loaded firearm)
10 years (attempt murder w firearm)
1 year (breach)
3 years (prohib order)
The offender shot the victim 14 times and left him paralyzed relating to a confrontation between the two over a debt.
R v Horsley,
2013 ONCJ 310 (CanLII), per Bhabha J
5.5 years offender possessed one handgun with serial number removed and a "zip" gun.
R v Duhamel,
2013 ONSC 1340 (CanLII), per KL Campbell J
7 years Offender in possession of loaded handgun with serial number removed as well as 120+ gram of cocaine
R v Wong
2012 ONCA 767 (CanLII), per curiam
3 years drugs and guns

Section 87: Pointing a Firearm

Case Name Sentence Summary
R v Clayton,
2014 ABCA 27 (CanLII), per curiam
11 years pointed firearm at 6 people. Held person hostage with a firearm.
R v Sousa,
2011 ONSC 6463 (CanLII), per MacDonnell J
12 months

Section 91: Unauthorized Possession of Firearm

Case Name Sentence Summary
R v Fontaine,
2014 MBQB 119 (CanLII), per Suche J
12 months killed friend using unauthorized weapon
R v Greening,
2013 CanLII 5319 (NL PC), per Gorman J
6 months (stun gun)
18 months (global)
attempting to import stun guns and brass knuckles
R v Drake
[2012] NJ 30 (NLPC)(*no CanLII links)
30 days (weapon)
16 months (global)
possession of drugs for purpose of trafficking, possession of brass knuckles
R v Andall,
[2011] OJ 3523 (ONSC)(*no CanLII links)
6 months possession of a stun gun
R v Ash,
2010 BCCA 604 (CanLII), [2010] BCJ No. 2750 (C.A.), per Saunders JA
12 months Offender convicted of drug offences and possession of a stun gun.
R v Trecartin,
2012 NBQB 162 (CanLII), per McLellan J
12 months found in possession of a shotgun, handgun, and assault rifle--guns found locked away
R v Veranski,
2010 BCCA 211 (CanLII), per Prowse JA
21 month CSO 9 mm CA semi automatic pistol; 38 years old; no criminal record--arrested carrying a bag with a firearm--ammo in the magazine and chamber

Section 92: Possession of Unauthorized Firearm

Case Name Prv. Crt. Sentence Summary
R v Adan,
2016 ONSC 6763 (CanLII), per Corrick J
ON SC 21 months custody The offender pleaded guilty to s. 92(1), 110, and 117.1(1). He was in a vehicle that was shot at. When police responded they found the offender and a friend had tried to dispose of a loaded gun. There was no proof that the offender knew it was loaded. The offender was 28 years old with a record of violence. The judge also ordered a s. 109 Order for 10 years.
R v Holmes
2013 ONSC 302 (CanLII), per Farfett J
ON SC 12 months (firearms)
2 years (all others)
The offender was convicted poss'n of wpn, carrying a concealed weapon (pepper spray), poss'n of firearm while prohibited, resist arrest, dangerous driving, driving over 80, poss'n stolen prpty under $5k, and theft prpt under $5k. He was 25 years of age, has a problem with alcohol. He had a lengthy record of offences as a youth.

Section 95: Possession of a Restricted or Prohibited Firearm

Case Name Sentence Summary
R v Skinner,
2016 NSCA 54 (CanLII), per Saunders JA
6.5 years
R v Shomonov,
2016 ONSC 4015 (CanLII), per McCombs J
21 months The Police responded to a 911 call which leads them to the offender who was in the hospital where he was being treated for accidentally shooting himself. Search of his place revealed that he was a drug dealer. The judge ordered forfeiture of the gun, s. 109 prohibition and DNA Order. Per McCombs J. [post-dates striking down s. 95 minimum]
R v Aubichon,
2015 ABCA 242 (CanLII), per curiam
7.5 years
R v Yalahow,
2015 ABCA 116 (CanLII), per Picard JA
3 years (firearm)
3.5 years (trafficking drugs)
6 years, 8 months (global)
R v Ongaro,
2014 BCPC 118 (CanLII), per Hoy J
$2500 fine, 10y Prohib American citizen passing through Canada with his family were searched at the border and found with unlicenced handgun.
R v Jefferson,
2014 ONCA 434 (CanLII), per curiam
10 years Offender convicted at trial of discharging firearm, possession of a firearm while prohibited, and four counts of breach of probation. The offender's "crime and his circumstances put him at the upper range of the existing range"
R v Smickle,
2014 ONCA 49 (CanLII), per curiam
12 months Offender already served a 5 month CSO. Trial judge invalidated the 3 year minimum. Offender was taking pictures of himself at home holding the gun when police came in and saw him.
R v Johnsrud,
2012 ABPC 298 (CanLII), per Gaschler J
5 years offender pointed unloaded firearm at victim and pulled trigger
R v Choken,
2012 MBPC 44 (CanLII), per MJ Smith J
5 years offender was 19 years old connected to a biker gang, also convicted of drug traffficking
R v Frohock,
2009 BCCA 227 (CanLII), per Finch CJ
6 years 8 months after 14 mo remand found with a loaded sawed-off shotgun; 45-year-old with an extensive record.
R v Dickson,
2007 ABCA 322 (CanLII), per Acton J
25.5 months sawed-off shotgun
R v Cross,
2006 CanLII 33193 (ON C.A.), per curiam
2 years less a day 19-year-old;limited record; .45 calibre handgun concealed in the waistband of the offenders' pants.
R v Smith,
2006 NSCA 95 (CanLII), per Saunders JA
2 years 9mm handgun outside a bedroom; 39 year old with a significant drug addiction; 49 prior convictions
R v Syed,
2005 CanLII 4773 (ON C.A.), per curiam
2 years less a day numerous loaded weapons, 590 grams of marijuana
R v Morin
(1993), 1993 CanLII 2711 (BC CA), BCJ No. 1477, per Taylor JA
4 months Canadian citizen stopped at border. The search revealed 6 unlicensed guns. The offender was a gun collector.

See Also


Use or Possession of Explosives

Case Digests

Case Name Sentence Summary
R v TWW,
1996 CanLII 8706 (NS CA), per Clarke JA
8 months custody and16 months probation (global) The offender was a youth who plead guilty to making a home-made bomb, "possession of an explosive substance", and mischief. He had made a bomb which he put under the car of one of his teachers. It exploded, causing around $1,500 worth of damage. He had also called the teacher and used profane language at her. The youth had a lengthy criminal record. He was 15 years old.

Hostage Taking

Case Digests

Case Name Sentence Summary
R v Ader,
2018 ONSC 2351 (CanLII), per R Smith J
15 years
R v Lewers,
2012 OJ No. 4554(*no CanLII links)
7.5 years The offender was convicted of kidnapping and forcible confinement for 22 hours. He had a lengthy criminal record.
R v Tse,
2010 BCJ No. 1769, 2010 BCSC 1273 (CanLII), per Davies J
12 years
R v Ribic,
2005 OJ No. 4261(*no CanLII links)
3 years + remand credit The offender kidnapped 3 UN soldiers for 25 days. He was 21 years old.
R v Li,
2002 CanLII 18077 (ON CA), per Finlayson JA
14 years The offender participated in kidnapping three persons who were held for 22 days. [per Finlayson JA]
R v Hu,
1995 CanLII 2836 (BC CA), per Hinkson JA
14 years The offender kidnapped for ransom. He held the victim for 7 days. [per Hinkson JA]

Indecent Assault

Case Digests

See also: Indecent Assault (Repealed Offence)
Case Name Sentence Summary
R v O'Keefe,
2016 CanLII 85717 (NL SCTD), per Handrigan J
10 months (indecent) x 6 The offender was found guilty of committing indecent assault on a single female 6 times. The offence occurred over 14 years starting in 1967.

Incest

Case Digests

Case Name Sentence Summary
R v KVE,
2013 BCCA 521 (CanLII), per Stromberg-Stein JA
10 years
R v RAJ,
2010 BCCA 304 (CanLII), per Bennett JA
8 years The offender sexually assaulted his daughter over 7 years starting at the age of 7.
R v RJG,
2007 BCCA 631 (CanLII), per Saunders JA
12 years The offender plead guilty to sexually assaulting his three daughters and a babysitter. "The abuse began when the daughters were each around the ages of 10. The abuse included sexual intercourse when they were between the ages of 13 - 15."
R v MH,
2005 BCCA 510 (CanLII), per Levine JA
6 years "the accused sexually offended against his stepdaughter for 10 years, starting in 1958 when she was five years old."
R v PPH,
2003 BCCA 591 (CanLII), per Thackray JA
14 years (global)
7 years (sex assault x 2)
"a 38-year-old offender who pleaded guilty to sexually offended against his two stepdaughters, aged 12 and 13."
R v DLM,
2001 BCCA 266 (CanLII), per Saunders JA
5 years "the accused digitally penetrated a three and a half year old girl who was living with him as her “Daddy”. The sexual offence caused bodily harm."
R v GPW
(1998), 106 BCAC 239 (*no CanLII links)
20 years
R v RPF,
1996 CanLII 5590 (NS CA), per Roscoe JA
1 year
R v GTM
(1995), 61 BCAC 158(*no CanLII links)
12 years "an accused who pleaded guilty to sexually offending against his two daughters in their mid-teens."
R v Goler
(1985), 67 N.S.R. (2d) 200(*no CanLII links)
5 years
R v Comtois
(1982), 62 CCC (2d) 567, 1981 CanLII 3183 (QC CA), per Montomery JA
Suspended Sentence

Indecent Act

Ranges

Case Name Sentence Summary
R v PS,
2008 ONCJ 573 (CanLII), per Renaud J
Conditional Discharge indecent act
R v Cadilha,
2005 BCSC 1879 (CanLII), per Cohen J
6 months
R v Clark,
2004 BCCA 117 (CanLII), per Finch CJ
4 months + 3 years probation

Obscenity

Case Digests

Voyeurism

Ranges

Case Name Sentence Summary
R v DR,
2018 QCCQ 80 (CanLII), per Trudel J
Conditional Discharge
R v BH,
2017 ONCJ 377 (CanLII), per Gee J
16 months CSO +
2 years probation
R v D.W.1,
2016 ONCJ 772 (CanLII), per West J
R v McDonald,
2016 QCCQ 5288 (CanLII), per Beaulieu J
Conditional Discharge
R v Cyr, 2015 QCCQ 196 (CanLII), per Daoust J 12 months +
12 months probation
The offender pleaded guilty to voyeurism. He owned a store and unsuccessfully tried to film an employee use the toilet.
R v Concepcion,
2017 BCPC 153 (CanLII), per Challenger J
Suspended Sentence
R v Muggridge,
2015 CanLII 10931 (NL PC), per Gorman J
Suspended Sentence +
12 months probation
R v Pierre,
2015 QCCQ 4512 (CanLII), per Leduc J
Conditional Discharge
R v Aguas,
2015 ONSC 5732 (CanLII), per Campbell J
9 months +
3 years probation
The offender was convicted of voyeurism and sexual assault.
R v White, 2015 MBPC 20 (CanLII), per Stewart J 2 years The offender plead guilty to nine counts voyeurism and nine counts making child pornography.
R v Bosomworth,
2014 BCPC 311 (CanLII), per Dhillon J
Suspended The offender pleaded guilty to voyeurism. He was found to be surreptitiously recording persons in the restroom of a small restaurant that he owned. The defence sought a discharge.
R v Dekker,
2014 ABPC 61 (CanLII), per Redman J
9 months CSO The offender pleaded guilty to voyeurism. He filmed people in four public washrooms and his home washroom. He captured 80 people, including men, women and children. There were 77 video clips for a total of 251 minutes of footage. He had a positive PSR and was considered "low risk".
R v Schledermann,
2014 ONSC 674 (CanLII), per Kelly J
4 years (each count) The offender pleaded guilty to child pornography offences and voyeurism. He had 22,000+ images and 580+ videos of child pornography. Some pictures were of his step-grand daughter. The offender had 2 years, 4 months and 17 days on remand. He was 71 years old.
R v Berry,
2014 BCSC 284 (CanLII), per Holmes J
9 months The offender was convicted of sexual assault and two counts of voyeurism.
R v Truong,
2013 ABCA 373 (CanLII), per curiam (2:1)
4 months (voyeurism)
12 months (global)
The offender pleaded guilty to voyeurism in addition to other offences. The recording captured a sexual assault. The sex assault was not considered an aggravating factor.
R v Brandt,
2013 MBPC 39 (CanLII), per Lee Ann Martin J
18 months CSO The offender pleaded guilty to voyeurism. He was obsessed with the victim and spied on her at work including while she was in the shower. He videotaped her twice while showering. The videos were discovered by his wife. He was 41 years old and married. He had no criminal record.
R v MSA,
2013 ABPC 66 (CanLII), per Redman J
5 months w/ 2 years probation The offender twice videotaped his 15-year-old stepdaughter in her bedroom while she undressed. He was in a position of trust.
R v Rocha,
2012 ABPC 24 (CanLII), per Groves J
Suspended Sentence Offender was fueler for airplanes at an airport. He took pictures up the skirt of a female passenger while she was standing at the baggage carousel.
R v Pan, 2012 ABPC 203 (CanLII), per Wheatley J Conditional Discharge
R v Keough,
2011 ABQB 312 (CanLII), per Manderscheid J
9 months (voyeurism)
3 months (copying)
Offender recorded sexual activity between 18 year old couple without consent.
R v D, MD,
2011 NWTTC 20 (CanLII), per Gorin J
3 years
R c GC,
2011 QCCQ 13551 (CanLII), per Lamontagne J
55 months and 23 days Offender set up a camera to film school yard as well as washroom. Also found to be making videos of him sexually abusing his granddaughter whom he was babysitting. The offender was 72 years old. Also made 161 Order for 20 years.
R c Gagné,
2011 QCCQ 6888 (CanLII), per Champoux J
3 years (voyeurism)
40 months (global)
Offender put a hidden camera in a public washroom. Sold video on the internet of young girl urinating. Was also found in possession of child pornography.
R v Desilva
2011 ONCJ 133 (CanLII), per Robertson J
7 months +
2 years probation
offender made videos of sexual activity between him and partner without consent. Offender posted videos on facebook, and sent links of video to friends. convicted at trial of voyeurism and criminal harassment. Prior record with violence.
R v FG
2011 308 Nfld & P.E.I.R. 59, 2011 CanLII 13633 (NL PC), per Hyslop ACJ
3 months CSO +
3 years probation
The offender secretly installed a video camera in 17 year old daughter’s bedroom, huge violation of privacy, recorded full frontal nudity, breach of trust, no record. "At all material times the accused was the stepfather of the complainant who was at the time of the offence a minor and was 17 years old. At the time of the offence, he was home alone with the young person who was in the shower. While the young person was in the shower, he entered her bedroom and installed a video recorder which was aimed toward the bed. The camera was installed in her closet in such a way that it offered a considerable view of the bed and vanity area. According to the account given by counsel for the accused, there had been some discipline problems in the house where the complainant had been alone in the bedroom with a boyfriend and the accused wanted to spy on her to see the extent of what was going on in the home when he was absent. In this case, the camera was set up for a long term recording."
R v Mahabir,
2010 ONCJ 347 (CanLII), per De Filippis J
Suspended Sentence The offender was convicted of voyeurism. He videotaped consensual sexual activity between and his ex-finance in a hotel room.
R v JHN
2010 BCPC 155 (CanLII), per Rodgers J
Suspended Sentence attended residence of two teenage girls repeatedly and watched them undress multiple times. No record, positive psych report
R v SM
2010 ONCJ 347 (CanLII), per De Filippis J
S/S + 18 mo The offender secretly videotaped consensual explicit sexual activity at a hotel room of ex-girlfriend. Hewas mature, well‑educated and successful. He had no prior criminal record. Offence required planning.
R v Laskaris
2008 BCPC 130 (CanLII), per Gill J
Conditional Discharge +
1 years probation
The offender was a dentist who placed cameras in women’s washroom to monitor for theft from office, was in a position of trust, no record.
R v Grice
2008 ONCJ 476 (CanLII), per Pugsley J
Suspended Sentence +
18 months probation
The offender videotaped estranged wife showering through the bathroom window. guilty plea, no prior record.
R v Weinheimer
2007 ABPC 349 (CanLII), per Fradsham J
S/S offender secretly photographed 15 men in washroom at his work. Images were stored on a computer with details on personal information. No evidence of distribution, positive psych report.

Invitation to Sexual Touching



Invitation to Sexual Touching

Case Name Prv. Crt. Sentence Summary
R v GM,
2016 SKQB 191 (CanLII), per Megaw J
SK SC 18 months The offender invited a 13-year-old girl over to her place for the purpose of having sex with her husband while she watched.
R v GRK,
2014 SKQB 147 (CanLII), per Megaw J
SK SC 6 months
R v Renouf,
2012 CanLII 25628 (NL PC), per Gorman J
NL PC 14 days
R v EJK
2002 CanLII 54016 (NL SCTD), [2002] N.J. No. 388 (S.C.), per Seaborn J
NL SC 6 months Offender was naked and put child's hand on his penis and moved it up and down
R v TLM,
[2010] N.J. No. 99 (S.C.)(*no CanLII links)
NL SC 1 year A number of incidents where the offender invited the victim to touch him
R v LH,
2011 NLCA 4 (CanLII), per White JA
NL CA 1 year on two or three occasions offender asked victim "to rub lotion on his penis"

Bestiality

Bestiality

Case Name Sentence Summary
R v LMR,
2010 ABCA 286 (CanLII), per Bielby JA
1 year a very young child who had her vagina licked by a dog
R v Black,
2007 SKPC 46 (CanLII), 296 Sask.R. 289, per Kovatch J
1 year also sentenced for child sex offences and making CP for a total of 4 years. Offender recorded a woman having her genitals licked by a dog and stimulated the dog. He had limited cognitive ability and had paedophilic character.
R v JJBB,
2007 BCPC 426 (CanLII), per Frame J
15 months Over a period of time, the offender sexually abused his niece aged 3 to 5. At three different times he recorded two dogs licking her genitals.
R v Gibbon,
2005 BCSC 935 (CanLII), per Williams J
2 years also sentenced for possession and distribution of child porn (2 years), and sexual assault -- found to be a Dangerous Offender
R v Pye,
2005 BCPC 355 (CanLII), per Sundhu J
2 years offender had sex with dog in public

Child Luring



Ranges

Case Name Prv. Crt. Sentence Summary
R v Adams,
2016 ABQB 648 (CanLII), per Clackson J
AB SC 12 years, 3 months (global)
18 months (luring)
The offender was convicted of luring, interference, distribution of child pornography. [per Clackson SCJ]
R v McLean,
2016 SKCA 93 (CanLII), per Ottenbreit JA
SK CA The offender pleaded guilty to luring, possession of child pornography, extortion, making child pornography and interference.
R v Pitts,
2016 NSCA 78 (CanLII), per Bourgeois JA
NS CA
R v Gowdy,
2014 ONCJ 696 (CanLII), per Block J
ON PC 2 years less a day CSO Offender lured a virtual 15-year-old boy.
R v Vincent,
2014 ONSC 1068 (CanLII), per Ratushny J
ON SC 18 months (luring)
18 months (interference)
18 months (global)
Offender was 66 years old communicated with 15 year old. They engaged in sex chat and exchanged pictures of genitals. They met on multiple occasions and engaged in fellatio and nude massaging.
R v Mills,
2013 ABPC 181 (CanLII), per Dunnigan J
AB PC poss'n (1 year)
making (2 years)
interference (4 years)
luring (1 to 2 years)
Offender is 18 years old. He meets three girls online (age between 13 and 15), gets them to masturbate for him over webcam. He tries to meet up with them. He is successful to meet up with one and have sexual intercourse with her over several years.
R v Mackie,
2013 ABPC 116 (CanLII), per Skene J
AB PC 4 years (luring)
11 years (global)
accused communicates with 21 boys and girls between 11 and 16. Extorts them to provide pictures to him.
R v White,
2013 CanLII 9507 (NL SCTD), per Stack J
NL SC luring (12 months)
making CP (12 months)
Offender met 16 year old on-line, got her to masturbate over webcam, offender recorded it. Joint recommendation.
R v Walther,
2013 ONCJ 107 (CanLII), per Bellefontaine J
ON PC luring (12 months + Pb) Police impersonate 14 year old girl on internet. Offender chats with girl in sexual manner, masturbates over webcamera, and arranges to meet with girl. Offender also found in possession of child pornography. Offender was on strict release conditions.
R v Paradee
2013 ABCA 41 (CanLII), per Paperny JA
AB CA luring (12 months + P)
accessing CP (6 months)
offender pretended to be teenager and seduced 15 year old victim to touch herself. Overturned 90 days given in 2012 ABPC 148. He was 41 years old
R v Danielson
2013 ABPC 26 (CanLII), per Skene J
AB PC luring (12 months CSO)
R v Schroeder
2012 ABPC 241 (CanLII), per AJ Brown J
AB PC luring (21 months less a day CSO)
poss'n CP (90 days)
Offender possess 4 images, 5 videos of child pornography--Over a period of 9 days, accused chatted with undercover officer posing as a 13 year old girl--conversation became sexual-they arranged to meet up and he was arrested upon arrival, condoms were found on him at time or arrest--police found 218 chats with other adults discussing sexual acts with children
R v Somogyi
2011 ONSC 483 (CanLII), per J Wilson J
ON SC luring (22 months CSO + P) three counts of luring--conversation with two undercover officers posing as 14 year old girls--conversation was sexual--he masturbated on webcam--encouraged girls to masturbate--no attempts to meet up--offender was 45 years old, married--possessed 113 images and 6 videos of child pornography that were deleted--offender had a number of physical disabilities--prior conviction for sexual touching in 1989--given 45 days for child pornography
R v Snow
2011 ONCJ 619 (CanLII), per Blouin J
ON PC 18 months internet luring; invitation of sexual touching of a minor
R v Dragos
2011 ONSC 183 (CanLII), per R Smith J
ON SC 18 months + 3yp also convicted of poss’n child porn (1 month), sexual interference (4 months)--downloaded both adult and child porn--communicated with 13 year old girl over 3.5 months--requested her to show him her breasts, he masturbated on webcam--he met with complainant at a hotel which involved some sexual touching--offender was 24 years old, no record, hebephile--low risk of reoffence
R v Holland
2011 ONSC 1504 (CanLII), per McDermid J
ON SC 18 months + 3 yP three counts of luring--communicated with undercover officer posing as 12 year old girl--wanted to meet girl for sexual activities--sent images of his penis four times, masturbated--arranged meeting and was arrested--offender was 57 years old, no record, married with two children, retired from bank--assessment determined he was low risk and not a paedophile--attempted to minimize actions--believed he was communicating with role playing adult--rejected CSO
R v H. (J.J.)
2011 PESC 8 (CanLII), per Mitchell J
PE SC 6 months + 2yp offender was age 23, no record, knew 14 year old complainant most of her life through his mother--complainant made first contact, offender immediately began sex-related conversation and continued over 2 months--one failed attempt to meet up--complainant was a foster child and vulnerable--SOIRA
R v McCall
2011 BCPC 143 (CanLII), per Rideout J
BC PC 1 year + 3yP communicated with undercover officer posing as 14 year old girl--started chatting about sex early on, asked her to masturbate, discussed oral sex, groomed her, sent obscene images
R v Porteus
2011 ONCJ 305 (CanLII), per Harris J
ON PC 10 months + 3Y also convicted of invitation to sexual touching--offender was dating victim’s older sister, he would send victim sexual text messages--they discussed having sex, talked about trading images of each other masturbating--offender was 19 years old, victim was 12 years old--56 days remand credit
R v Woodward
2011 ONCA 610 (CanLII), per Moldaver JA
ON CA 18 months (luring)
5 years (sex asslt)
4 years (touching)
2 years (invitation)
12 months (obt sex services)
The 30 year old offender contacted the 12 year old victim by email to ask her for sex for millions of dollars.
R v Brown
2010 ONCJ 664(*no CanLII links)
ON PC 10 months + 3 yP communicated with undercover officer posing as 12 year old girl--conversation became sexual, asked to meet for sexual activity--offender was 34 years old, corporal n Canadian Forces--remorseful with suicidal ideation--low risk
R v Torwick
2010 ABPC 233 (CanLII), per AJ Brown J
AB PC 18 months CSO communicated with undercover officer posing as a 12 year old girl--offender age 49, posing as 16 year old--masturbated on camera, asked for pictures from her, requested to meet for sex--remorseful--low risk--hebephile
R v Porter
[2010] N.J. No. 161 (NLPC)(*no CanLII links)
NL PC 13 months also charged with attempted sexual assault--offender met 13 year old online--over 1 year groomed her to have him come from Australia for sex--he travelled to province and he attempted to kiss her, gave her gifts--no record, married with children--lost job
R v Miller,
2010 ONCJ 368 (CanLII), per Robertson J
ON PC 2 years + 3yP also convicted of child porn--communicated with undercover officer posing as 14 years old, over 2.5 months--offender was 42 but claimed to be 21--conversation of a sexual nature--invited for meet up of a sexual nature--sent image of his penis and other pornography--found in possession of large collection of CP--unrelated record--poor PSR--moderate to high risk
R v Hepburn,
2010 ABCA 157 (CanLII), per Hunt JA
AB CA 2 years less a CSO
R v El-Jamel,
2010 ONCA 575 (CanLII), per Juriansz JA
ON CA 12 months CSO The offender was also charged with child porn--contacted an undercover officer posed as 12 year old girl--arranged to meet in person for sex--masturbated on webcam to girl--offender age 24, no record--low risk--appealed 45 days
R v Rouse,
2010 ABPC 192 (CanLII), per Allen J
AB PC 9 months two counts of luring--met 15 year old girl at church, continued conversation on internet--had sexually explicit conversations--he asked her for names of girls interested in sexual activities, asked for sexual activities from her--tried to meet up with her--offender was 21 years old, no record--was on an order not to use internet at the time of the offence--first offence involved meeting a 12 year old online--had girl show him her breasts, invited her over for sex--met at a movie, but no sex--offender was sexually abused as child--moderate risk to reoffend--remorseful. The judge rejected the option of a CSO.
R v Aimee,
2010 BCSC 1463 (CanLII), per Fisher J
BC SC 16 months also charged with interference
R v Gibbon,
2009 ABPC 265 (CanLII), per Barley J
AB PC 2 years less a day CSO offender communicated with a 14 year old girl online--he emailed erotic stories to the girl and attempted to arrange a meeting
R v MacIntyre,
2009 ABPC 177 (CanLII), per Malin J
AB PC 18 month CSO offender communicated with an undercover officer posing as a young girl--offender exposed himself on a webcam and engaged in fondling himself, he directed her to internet sites containing sexual materials
R v Armstrong,
2009 ABPC 45 (CanLII), per Fradsham J
AB PC 8 months + 3yP 3 counts of luring--committed one of them while on bail for previous--prior record for indecent and harassing phone calls--offender was disabled--high risk to reoffend--CSO rejected--2 years less a day before remand time
R v Alicandro,
2009 ONCA 133 (CanLII), per Doherty JA
ON CA 90 days + 2yP conversation with undercover officer posing as a young girl--quickly starts on sexual topics, asked for picture--sent picture of his picture
R v Golden,
2009 MBCA 107 (CanLII), per Freedman JA
MB CA 18 months (global) Also charged with possession of child pornography. Appeal from 30 months.
R v Nichol,
2009 BCPC 124 (CanLII), per Rideout J
BC PC 20 months + 3yP communicated with undercover officer posing as 13 year old girl in chat room--sexual conversation, sent image of penis--initially made excuses on arrest--arrange to meet for sex--prior youth record for sexual assault--history of alcohol abuse--moderate risk of reoffence.
R v Bergeron,
2009 ONCJ 104 (CanLII), per Schnall J
ON PC 2 years less a day (luring)
?? (distrib. CP)
Over several months, the offender communicated with undercover officer posing as 12 year old girl. He engaged in explicit conversation, send child porn images. He masturbated on webcam and encouraged her to engage in sex acts. The offender aged 59, no record. He claimed the offence was motivated by boredom and depression. He was considered a low risk to re-offender.
R v Daniels,
2008 ABPC 252 (CanLII), per Semenuk J
AB PC 15 months + 3yP The offender plead guilty to one count of luring. He responded to graffiti on a park bench, and then spoke with an undercover officer posing as 16 year old girl. He asked to meet up for sex. The judge says starting point for luring with no record is 12 months. The offender was 28 years old, prior conviction for interference and other offences. He was considered a high risk of reoffence. The judge rejected a request for a conditional sentence.
R v Legare,
2008 ABCA 138 (CanLII), per Watson JA
AB CA
R v Read,
2008 ONCJ 732 (CanLII), per Bourque J
ON PC 90 days over 3 months, met undercover officer posing as 14 year old in chat room--sexual conversation, showed her his buttocks and penis on webcam--arrange meeting--did same thing with officer posing as another girl--offender was 41 years old, no record--psych assessment shows no pedophilia
R v Bono,
2008 CanLII 58426 (ON SC), per DiTomaso J
ON SC 20 months
R v M. (J.A.),
2007 SKPC 44 (CanLII), per Huculak J
SK PC 1 year guilty of luring, sex assault, distrib. child porn--offender engaged in conversation with undercover officer posing as 13 year old--in webcam he exposed his penis--expressed interest in incest and sex with young girls--offender had a 7 year old daughter--confessed to sexual touching of daughter 9 times, including oral sex-- transmitted it online--given 2.5 years for sexual assault and child porn charges
R v Innes,
2008 ABCA 129 (CanLII), per curiam
AB CA 3 years two counts of luring, once count of making child porn, one count extortion--global 6 years--offender posed as teen girl and became friends with a 13 year old--sent her sexually explicit videos, and had her transmit video of herself doing sexual acts--he revealed his true age and blackmailed her to put on more shows--other incident involved failed attempt at having a14 year old transmit a similar show--offender's computer had 181 child porn videos--offender aged 24, no record--appeal from 2007 ABPC 237
R v Lithgow,
2007 ONCJ 534 (CanLII), per Blouin J
ON PC 1 year CSO also convicted of sexual exploitation--offender was teacher of 14 and 15 year old girls--over 2 years, they chatted over email, conversations became sexual, evolved to meeting and sexual touching--offender had consensual sex with one girl while she was in grade 11 multiple times--offender was late 50s, no record, lost job due to charges
R v Dhandhukia,
2007 CanLII 16628 (ON SC), [2007] OJ No 1846, 2007 CarswellOnt 3002, per McDermid J
ON SC 1 year + 3YP convicted at trial--communicated with undercover officer posing as 12 year old girl--only one conversation--made plans to meet for sexual activities--offender was 38 years old, no record, immigrated to Canada in 2001, university graduate, married--rejected CSO
R v Gurr,
2007 BCSC 1586 (CanLII), per Powers J
BC SC 1 year also convicted of child porn--possessed 200 images-- offender gave out fliers at mall offering modeling recruiting--undercover officer posing at 13 year old responded by email--agreed to meet at mall--arrested and found condoms and camera--offender was 33 years old, no record--medium risk to re-offend
R v Thain,
2007 CarswellOnt 9903(*no CanLII links)
ON SC 9 months over 4 months, offender communicated with undercover police officer posing as 13 year old girl in chat room--grooming conversations about masturbation--arrested at meet up--offender was 37 years old, no record, employed as pilot--lost job due to charges--diagnosed with sex addiction, attended counselling--on bail for 45 months--CSO rejected
R v Fortin,
2007 QCCQ 1116 (CanLII), per Laflamme J
QC PC 3 months CSO + 3 yP offender arranged to meet with 13 year old at night--intention for sexual activities--never met up--offender was aged 49, married with 3 children--significant media coverage--lost job-- low risk
R v Jarvis,
2006 CanLII 27300 (ON CA), per Rosenberg JA
ON CA 6 months +3yP offender conversed with an undercover posing as 13 year old--sent images of his penis, had sex-related conversation--he asked to meet up, they plan to meet in a park--otherwise good character--hebephile
R v Randall,
2006 NSPC 38 (CanLII), per C Williams J
NS PC 1 year CSO incident not predatory, just poor judgement --no related record -- low risk
R v Horeczy,
2006 CanLII 40775 (MB PC), per Corrin J
MB PC 15 months 7 counts of luring involving different children--met with girls age 13 to 15 in online chat rooms--encouraged to meet them in person for sexual activities--was exploitative of the children
R v Brown,
2006 CanLII 12302 (ON SC), 2006 CarswellOnt 2329, per Whalen J
ON SC 1 year + 3yP offender, age 23, met 13 year old in an online game--romantic interest between them--victim originally said she was 17, later revealed real age--victim ran away from home--offender was cooperative with police--diagnosed with schizophrenia--SOIRA 10 years
R v Symes,
[2005] OJ No 6041 (C.J.)(*no CanLII links)
ON PC 12 months two counts of luring--offender was 36 years old, former pastor--communicated with undercover officer posing as child--offender arranged meeting with child and was arrested--tested positive for attraction to children
R v Kydyk,
2005 CarswellOnt 6530 (Ont. C.J.)(*no CanLII links)
ON PC 9 months + 3yP also convicted of possession of CP--communicated with undercover officer posing as a 13 year old girl in chat room--he talked about sexual topics and asked to meet in person--sent picture of his penis--arrested at meeting point--had condoms with him--found CP at his home--offender was 39 years old, no record, employed, looks after parents--lost job--SOIRA 10 years
R v Folino,
2005 CanLII 40543, 2005 CarswellOnt 5990 (ONCA), per McMurtry CJ
ON CA 18 months CSO + 3yP offender contacted undercover officer posing as 13 year old--engaged in sexually explicit conversation--arranged to meet her for sex activities--no record, married--developed health problems-- appeal from 9 months jail
R v Harvey,
[2004] OJ No 1389 (Ont. C.J.)(*no CanLII links)
ON PC 1 year + 3yP also charged with poss’n of child porn (6 images)--communicated with undercover police officer posing as 13 year old girl in chat room--engaged in sexual conversations--total of 34 conversations--offender was 61 years old--diagnosed as a pedophile--moderate to low risk--no record, career as teacher and principal--6 months remand
R v Hoogenboom,
2004 ABPC 150 (CanLII), per AJ Brown J
AB PC 12 months + 3yP 47 year old man has conversations with 13 year old girl, encouraged her to send lewd photos of herself--offender has prior record of sexual interference with step-daughter (18 month CSO)
R v Jepson,
(2004), 2004 CarswellOnt 6225 (Ont. S.C.J.) (*no CanLII links)
ON SC 1 year + 3yP over 3 weeks, communicated with undercover police officer posing as 13 year old girl in chat room--wanted to meet--fix images of child pornography were found on computer-- offender aged 44, no record--heart problems-- moderate to low risk of reoffence
R v Blanchard (2003),
OJ No 5510 (S.C.J.)(*no CanLII links)
ON SC 12 months (JR) 25 year old offender had a single conversation with an undercover officer posing as a 12 year old girl--offender sent photos of himself and penis, discussed sexual acts--found 27 images of child porn on his computer

Making Sexually Explicit Materials Available to Child

Case Name Prv. Crt. Sentence Summary

Agree or Arrange a Sexual Offence Against Child

Case Name Prv. Crt. Sentence Summary
R v Gardner,
2017 BCPC 85 (CanLII), per Phillips J
2 years (making CP)
2 years (Agreeing)
4 years (global)
The offender made written materials that graphically detailed the sexual exploitation of a 6 year old. {{{4}}} {{{5}}}

Child Pornography (Offence)

Case Digests

Case Name Result Summary
R v Tyler Perkins,
2013 ONSC 1807 (CanLII), per Ferguson J
evidence excluded S. 8, 9, 10(b) of Charter raised.
R v Giuseppe Michienzi,
2013 ONSC 1025 (CanLII), per Bryant J
guilt of poss'n, not guilty of making available
R v Douglas
2013 SKQB 33] (CanLII), per Schwann J
guilty of poss'n and making avail. through treatment of evidence and law
R v Lorenz
2012 SKQB 293 (CanLII), per Schwann J
acquitted for making CP
R v Jacques
2012 SKQB 277 (CanLII), per McMurtry J
guilty of possession and not guilty of making available P2P case
R v Clayton
2012 ABQB 196 (CanLII), per Eidsvik J
conviction gigatribe distribution
R v Allart
2012 BCCA 100 (CanLII), per Groberman JA
conviction for poss’n CP
R v Jeffrey,
2012 SKPC 12 (CanLII), per Agnew J
guilty of distributing
R v Wanamaker
2011 ABQB 310 (CanLII), per H McDonald J
guilty
R v SS
2011 SKPC 102 (CanLII), per Koskie J
not guilty judge could not determine age of youths in images
R v Carrano
2011 ONSC 7718 (CanLII), per Trotter J
acquittal for innocent possession of CP
R v Jones
2011 ONCA 632 (CanLII), per Blair JA
new trial ordered
R v Smith
2011 BCSC 1826 (CanLII), per Brown J
R v Love
2011 ABPC 40 (CanLII), per Philp J
not guilty not guilty due to lack of evidence of possession
R v R.D.
2010 BCCA 313 (CanLII), per Bennett JA
not guilty
R v Garbett
2010 ONSC 2762 (CanLII), per Tulloch J
R v Spencer
2011 SKCA 144 (CanLII), per Caldwell JA
conviction upheld
R v Leugner
2011 SKQB 469 (CanLII), per Keene J
accused argued officially induced error on possession of CP books
R v Leugner
2010 SKPC 50 (CanLII), per Kovatch J
guilty of importing and possession fictional stories of child sexual abuse
R v Rudiger
2010 BCPC 182 (CanLII), per Blaskovits J
guilty possession; considered definition
R v Pressacco
2010 SKQB 114 (CanLII), per Currie J
guilty of possessing and accessing CP
R v C.M.
2009 MBPC 35 (CanLII), per Martin J
guilty of making and possessing CP
R v Grant
2009 BCCA 72 (CanLII), per Finch CJ
guilty
R v Trapp
2009 SKPC 109 (CanLII), per Kolenick J
conviction for making CP available
R v Ballendine,
2009 BCSC 1938 (CanLII), per Cullen J
not guilty for making, but guilty for everything else
R v Johannson
2008 SKQB 451 (CanLII), per Gabrielson J
guilty of making available
R v Dittrich
2008 CanLII 19217 (ON SC), per Jenkins J
guilty of possession, not guilty of accessing and making
R v Dabrowski
2007 ONCA 619 (CanLII), per MacPherson JA
R v Tripp
2007 NBPC 32 (CanLII), per Arseneault J
not guilty for possession
R v Horvat
2006 CanLII 13426 (ON SC), per Lack J
guilty
R v Beattie
2005 CanLII 10273 (ON CA), per Laskin JA
acquittal overturned pornographic stories
R v J.E.I.
2005 BCCA 584 (CanLII), per Finch CJ
guilty considers dominant purpose
R v S. (V.P.)
2001 BCSC 619 (CanLII), per Bauman J
guilty considered definition of sexual organ and dominant purpose
R v Nedelec
2001 BCSC 1334 (CanLII), per Wedge J
guilty of possession considers definition
R v Weir
1998 ABQB 56 (CanLII), per PLJ Smith J
guilty of distribution

Child Pornography

Possessing and Accessing

Distributing and Making Available

Making

Youth

See Also

Distributing and Making Available Child Pornography




See also: Possessing and Accessing Child Pornography (Sentencing Cases) and Making Child Pornography (Sentencing Cases)

2010 to present

Case Name Prv Crt Sentence Amount Summary
R v Prince,
2018 BCSC 987 (CanLII), per Ker J
BC SC
R v Downing,
2018 ABPC 257 (CanLII), per Collinson J
AB PC
R v Rogers,
2018 ABQB 871 (CanLII), per DK Miller J
AB SC {{{6}}}
R v Beleznay,
2014 SKPC 200 (CanLII), per Jackson J
SK PC 3 years (global)
1 year (making avail)
2 years (poss'n)
60,000 files The offender was convicted at trial of possession and making available child pornography. The depictions were of children ranging from infants to teenagers who were involved in sexually explicit activity including intercourse, digital penetration, fellatio and group sex. He was sharing 116 files with 4,000 other users. The offender showed no insight into the seriousness of the offence. He had no prior record. The Crown elected to proceed by indictment.
R v Lang,
2015 ABPC 25 (CanLII), per Fradsham J
AB PC 1 year (poss'n)
3 years (distrib)
4 years (global)
3,107 unique images
5,280 unique videos
R v Kroeker,
2014 SKQB 137 (CanLII), per Keene J
SK SC 2 years (poss'n)
1 year (making avail) both concurrent
100k images
6k videos
R v Stupnikoff,
2013 SKPC 57 (CanLII), per Agnew J
SP PC 5 years (avail) 4 years (possn) approx 80,000 files The offender pleaded guilty to one count of possession and one count of making available child pornography. He was arrested in 2012 with over 80,000 files of child pornography. He used file-sharing software that allowed others to download child pornography from him. The offender was 58 years old and employed as a long-haul truck driver. He had a 2005 conviction for possession of 8544 images and videos of child pornography where he received a 18 month conditional sentence. He opted out of treatment once his probation was complete on the 2005 charges. He had support of his wife.
R v Hughes,
2014 ONCJ 231 (CanLII), per McKerlie J
ON PC 12 months (global)
4 months (poss'n)

8 months (making avail)

355 images, 242 videos The offender pleaded guilty to possession and making available child pornography. He was discovered to have sent 23 images of child pornography to two other persons through the website motherless.com. the materials depicted children between the ages of 2 and 11 years-old. Some materials were highly graphic.

Mandatory minimums post-2012 applied.

R v Brunton,
2014 ONCJ 120 (CanLII), per Harris J
ON PC 90 days (making)
12 months (distrib.)
R v Lukat,
2014 ABCA 112 (CanLII), per Fraser CJ
AB CA 18 months The offender pleaded guilty to making available and possession of child pornography as well as a weapon offence.
R v Schledermann,
2014 ONSC 674 (CanLII), per Kelly J
ON SC 4 years The offender pleaded guilty to voyeurism, possession and making available child pornography.
R v R.(A.),
2013 ONCJ 221 (CanLII), per George J
ON PC 20 months (distribution)
20 months (poss'n)
20 months (accessing)
voyeurism (3 months)
R v Doxtator,
2013 ONCJ 139 (CanLII), per Dean J
ON PC 15 months each count 1,071 images The offender pleaded guilty to distributing child pornography and child luring. He communicated with an undercover police officer who was posing as a 15 year old female. He enticed her to masturbate twice and stated he would like to have sex with her. He sent her child pornography depicting intercourse between children and adults as well as adult pornography. His computer contained child pornography collection. Offedner was 49 years old, no criminal record, and was unemployed. He previously was as trucker. He had significant amount of support. He also expressed remorse. Probation (3 years) ordered.
R v Reynard, 2013 BCPC 279 (CanLII), per Rideout J BC PC 2 years (distrib)
1 year (poss'n),br> 1 year (luring)
The offender pleaded guilty to distribution, and possession of child pornography as well as luring and breach of recognizance.
R v Mills,
2013 ABPC 181 (CanLII), per Dunnigan J
AB PC poss'n
(1 year)
making
(2 years)
interference
(4 years)
luring
(1 to 2 years)
offender is 18 years old. He meets three girls online (age between 13 and 15), gets them to masturbate for him over webcam. He tries to meet up with them. He is successful to meet up with one and have sexual intercourse with her over several years.
R v White, 2013 CanLII 9507 (NL SCTD), per Stack J NL SC 1 year (making)
1 year (poss'n)
1 year (distrib)
1 year (luring)
The offender pleaded guilty to making, distributing and possessing child pornography and luring. He extorted a 16-year-old female to perform sexual acts for him over a webcam. He threatened to put fake nude images of her online if she did not comply. The police were notified and undercover officer posed as the victim and the offender demanded she pose and masturbate on line for him. A residential search warrant revealed a small amount of child pornography on his computer.
R v CGL,
2013 ABCA 140 (CanLII), per curiam
AB CA poss'n (12 months)
accessing (12 months)
making (24 months)
interference (6 months each)
6,973 images In addition to CP there were 21,890 commercial child modelling, including pictures of the victim. Browsing history searching for CP terms.
R v Wright,
2012 ONCJ 698 (CanLII), per Hearn J
ON PC Poss'n (12 months + P)
Making Avail. (12 months + P)
404 videos, 40 images peer-to-peer investigation
R v Allen,
2012 BCCA 377 (CanLII), per Ryan JA
BC CA 3 years 880,000 images and videos The offender pleaded guilty to sexual assault, possession of child pornography and distribution of child pornography. He communicated with an undercover officer online for trading in child pornography. He provided the officer with 6,700 images of child pornography. Materials mostly depicted child pornography on the highly graphic side. The offender met a 14 year old male online and arranged a threesome with a friend. There was oral and anal sex between the three persons. Both the offender and his friend were HIV-positive and did not use a condom. The offender was 53 years old, with no record. He was a member of the RCMP and obtained a law degree. He had an addiction to crystal meth. He was remorseful, but blamed some his interests in child pornography on drugs. Appealed from 2012 BCSC 215 (CanLII).
R v DelGiacco,
2012 ONCJ 469 (*no CanLII links)
ON PC 9 months (joint recommendation) Offender pleaded guilty to making available. The police were able to download 47 files of child pornography from him through a peer-to-peer filesharing network. His computer contained 2,257 videos and 652 images. The offender was 20 years old and had no record. He lost his career goal of being a teacher as a result. Probation (3 years) ordered.
R v SDP,
2012 SKQB 330 (CanLII), per Dovell J
SK SC global (3 years) 4,507 images and videos

The offender pleaded guilty to making child pornography (x 50), possession of child pornography (x 2), and accessing child (x 1). He was discovered through a peer-to-peer investigation on the GigaTribe network. The materials were found on two computers in the offender's residence. He was fully cooperative with the police and gave an inculpatory statement admitting to involvement with child pornography since he was 14 years-old. He provided police with his usernames and passwords. Child pornography was found on his Facebook profile. At the time of search of his residence he was in the process of downloading over 12,000 files of child pornography. The offender's browsing history suggested that interested in meeting up with live children. His friend network included several hands-on offenders. The Crown sought seven years. The offender was 22 years old it was described as a frail introvert. He was employed in the family business. He had a limited unrelated record. A risk assessment indicated that he was of medium risk to reoffend.

R v Clayton,
2012 ABCA 384 (CanLII), per Hunt JA
AB CA 1 year (poss'n)
1 year (access)
2 years (distrib)
3 years (global)
4,600 images The offender was found guilty of possession, accessing, and distribution of child pornography. He was found collecting child pornography over 10 months. The files were mostly of females who were naked or involved in intercourse andoral sex. There were also chat logs showing the offender chatting with 213 persons discussing interest in images and sharing online. The offender was 30 years-old and employed in the british army. He had no prior record and had two post-secondary degrees. He was abused as a child. He was given three month remand credit. Appealed from 2012 ABQB 333 (CanLII)
R v Tettersell,
2012 ABCA 57 (CanLII), per curiam
AB CA 2 years (poss'n)
2 years (making)
2 years (distr)
2 years (interference)
global (8 years)
Offender had a collection of thousands of CP images as well as videos and stories. He was involved in "large scale" sharing online. OFfender took sexually explicit videos and photos of a child between 7 and 9 years old which he traded online. He also revealed child's name to others online. He was in a position of trust to the child.Offender cooperated with police. He plead guilty but minimized his responsibility. Psych report stated he was high risk to re-offend.
R v Benson,
2012 SKCA 4 (CanLII), per Herauf JA
SK CA Poss'n (15 months) 23 images and 1 video
R v MG,
2011 NBPC 10 (CanLII), per Brien J
NB PC Global (15 years) over 11 years duration, also charged with making and possession
R v VL,
2011 ONSC 218 (CanLII), per Ratushny J
ON SC

Five years (global)
3 years (distribution)
2 year less a day (possessing)

2,097 images, 1,763 stories, 574 videos The offender pleaded guilty to possession and distribution of child pornography. He was discovered by an undercover police officer in an online family sex chat room. He shared pictures and text with the officer. A residential search warrant revealed 17 different devices containing child pornography. The illegal materials amount to about 12.1 GB of data across all devices. The evidence suggested he collected from as early as 1998. There was 85 GB of data that was encrypted and unable to be viewed by investigators. Logs showed that he was a frequent user of Internet newsgroups rooms where he would share what appeared to be child pornography. The offender was 56 years old with no prior record.
R v Hilderman,
2010 ABPC 183 (CanLII), per Fraser J
AB PC 2.5 years 1,900 images, 23 texts, 540 videos also convicted of two counts of possession; and breach of recog.--after being released on first charge he obtained more material while on bail--materials show ages 5 to 17, including graphic sexual acts, bondage and brutality--made available through P2P software--moderate high risk of reoffence--addicted to CP
R v Cuttell,
2010 ONCJ 139 (CanLII), per Pringle J
ON PC poss'n (18 months)
making avail. (18 months)
R v McArthur,
2010 ABPC 231 (CanLII), per Anderson J
AB PC 2 years (distribution); 6 months (poss’n) Approximately 50,000 images, 2500+ videos The offender pleaded guilty to possession (x 2) and distribution of child pornography. He was discovered online in a chat room by an undercover police officer. He sent 11 images of child pornography to the officer. A search of his home computer revealed a significant collection of child pornography. The materials depicted very young children especially toddlers and infants. Many files depicted sexual violence and intercourse. The offender was involved in downloading these materials for a long period of time. After his arrest he was arrested again for possessing child pornography on his cell phone. He was 26 years-old with no criminal record. He had a limited intellectual capacity. He was isolated and marginalized and was generally a loaner. He appeared to be remorseful and did not minimize his role. The presentence report was positive.
R v Berman, 2010 ABPC 371 (CanLII), per Bascom J AB PC 90 days The offender pleaded guilty to distribution of child pornography. He sent two images of child pornography to an undercover police officer. The images depicted females between the ages of 10 and 12 years of age exposing their genital organs. Examination of the offender computer revealed no saved images of child pornography. The offender appeared to be a member of a child pornographic chat site. He had he had sent a non-pornographic picture of his young cousin to members of the site. The offender was socially awkward with no history of relationships. He was a low risk to reoffend. He possibly suffered from Asperger's syndrome. He was employed and had family support. He showed remorse and insight into the offence. His psychological profile suggested that prison would be extremely difficult on him.
R v Bock,
2010 ONSC 3117 (CanLII), per Henderson J
ON SC Global (2 years, 9 months) 1000 videos; very large collection guilty plea; no record
R c Couture,
2010 QCCA 614 (CanLII), per curiam
QC CA 23 months CSO The offender pleaded guilty to possession, accessing, and distributing child pornography.
R v Mathieson,
2010 ONCJ 616 (CanLII), per Nadel J
ON PC 16 months (poss’n); 12 months (making) 1,774 pictures also charged with possession; was found printing images at store
R v Brandridge,
2010 ONCJ 450 (CanLII), per Blouin J
ON PC 3 years (poss'n)
3 years (distrib)
2 years (making)
35,000 unique images, 485 videos The offender pleaded guilty to possession, distributing, and making child pornography. He was 45 years-old with no record.

1998 to 2009

Case Name Prv Crt Sentence Amount Summary
R v BHL,
2009 ABPC 50 (CanLII), per Hironaka J
AB PC Distrib. (2 years less a day)
Poss'n (1 year)
32,517 images 800 of images were Missions Category 4
R v Johannson,
2009 SKQB 12 (CanLII), per Gabrielson J
SK SC poss'n (12 months) 26 videos and 20 images guilty plea to 3 counts possession, found guilty of making available--images of boys aged 10 to 15--offender age 26, attending university, no record
R v Blatchley
2009 ONCJ 404, [2009] OJ No 3878(*no CanLII links)
ON PC 3 years The offender pleaded guilty to distribution and possession of child pornography.
R v Vasic,
2009 CanLII 23884 (ON SC), per Thorburn J
ON SC 19 months The offender was found guilty of making available and possession of child pornography as well as firearms offences.
R v D.C. and M.G.,
2009 NBCA 59 (CanLII), per Deschênes JA
NB CA poss'n (12 months) also charged making and distribution, joint recommendation, otherwise judge would have gone higher.
R v Bergeron, 2009 ONCJ 104 (CanLII), per Schnall J ON PC 21 months The offender pleaded guilty to distributing child pornography and child luring.
R v Dolovich, 2009 MBPC 17 (CanLII), per Chartier J MB PC 2 years less a day CSO The offender pleaded guilty to distribution and possession of child pornography.
R v Alcorn,
2008 ONCJ 547 (CanLII), per Harris J
ON PC poss'n (16 months) making available
R v Schultz,
2008 ABQB 679 (CanLII), per Topolniski J
AB SC 1 year The offender pleaded guilty to distribution of child pornography.
R v Garcia,
2009 BCSC 407 (CanLII), per Griffin J
BC SC 2 years The offender pleade guilty to making available and accessing child pornography.
R v Houston,
2008 SKQB 174 (CanLII), per Laing CJ
SK SC 15 months (distrib) The offender pleaded guilty to distribution of child pornography. The materials consisted of written stories depicting sexual relationships between adult men and female children. He was an active member to a website dedicated to relationships between children and adults. He had over 12,000 postings to the website and exchanged over 11 graphic stories. He was an active advocate for the cause and encouraged others to share stories. He accused in a believe his conduct was illegal and showed little remorse. The offender was 55 years old with a post secondary education. He had irregular employment and acted as a tutor to children in the past. He had previously undertaken to attend counseling but was asked to leave due to inappropriate conduct. At the time the sentencing was looking after his elderly mother. He was assessed as a medium risk to reoffend. Three years probation was ordered.
R v Smith,
2008 CanLII 59107 (ON SC), per Clark J
ON SC 20 months The offender was found guilty of making available and possession of child pornography.
R v TLB,
2007 ABCA 61 (CanLII), per Fraser CJ
AB CA poss'n (18 months) also charged with interference
R v Kozun,
2007 MBPC 7 (CanLII), per Sandhu J
MB PC 18 months CSO 3368 pics and 350+ vids pre-dates amendments; upeld at appeal 2007 MBCA 101 (CanLII), per Monnin JA
R v JAM,
2007 SKPC 44 (CanLII), per Huculak J
SK PC 2.5 years transmitting live child pornography over network
R v Coutu,
2007 CarswellOnt 8648 (Ont. Sup. Ct.)(*no CanLII links)
ON SC 3 years, 2 months 1.9 million CP and related images guilty of possessing and making available CP--“straggering volume” with “horrendous” content, included 1,917,288 images and 16,422 videos, of which 16,084 were photographic images, 44,487 images involving child nudity, 784,415 "other” photographs with children. There were 600 child pornography video clips; 112 of child nudity and 7,742 other video clips involving children
R v Warn,
2007 OJ No 3581 (Ont. C.J.), 2007 ONCJ 417 (CanLII), per Lane J
ON PC 15 months (distrib) 15,000+ photos and 50+ videos The offender pleaded guilty to distribution and possession of child pornography. He operated a server that shared over 15,000 images and 50 videos with people online. He also had several discs containing over 700 images and 160 videos. The materials depicted females between the ages of five and 13, with some as low as three years-of-age. The materials depicted sexually explicit activity. The offender had a long-standing interest in the material and appeared to have a sexual attraction to children. He was 25 years-old with no criminal record. He was remorseful and sought counselling immediately upon arrest. At the time of sentencing he had completed 700 hours of volunteer work with a child abuse survivors organization. He was given eight months credit for his volunteer work. Three years probation was ordered.
R v Treleaven,
2006 ABPC 99 (CanLII), per Creagh J
AB PC 3.5 years (distribution) 20 GB of files The offender pleaded guilty to distribution of child pornography. He was found to be the administrator of an international chat group that shared child pornography. The materials depicted real children, including toddlers and infants, being sexually assaulted by adults. There was also materials depicting incest and bestiality. The offender was 49 years old, married and had a positive employment history. He had prior criminal convictions for gross decency and indecent assault in relation to incidences in the 1970s. It was a joint recommendation for 3.5 years. A lifetime 161 order was made.
R v Shelton,
2006 ABCA 190 (CanLII), per Fruman JA
AB CA 15 months (global) The offender pleaded guilty to possession and distribution of child pornography. Over two or three years he engaged in trading of child pornography online. His collection appeared to be "sophisticated, organized and extensive". He admitted collecting since the age of 14. The materials depicted real children between the ages of six and eight years old involved in oral, anal and vaginal sex. At least one photo involved a nine month old baby. Certain materials depicted the suffering of children. He ran a website that engaged in the exchange of these materials. The records showed that there were over 75,000 trades with persons in over 52 countries. The offender was between 20 and 22 years old at the time of the offence. He had no criminal record. He was remorseful and was not an active pedophile. But he rated high for sexual compulsivity. The Court of Appeal overturned a conditional sentence. Probation of two years was also ordered.
R v Sutherland,
2006 BCPC 133 (CanLII), per Gulbransen J
BC PC 9 months (distrib) 10,000+ The offender pleaded guilty to distribution of child pornography. He was discovered by an undercover police officer in a chat room. The officer was impersonating a 14-year-old girl. The offender engaged in a sexually explicit chat with the officer and sent 30 images of child pornography. A residential search seized his computer which contained child pornographic materials. The materials depicted prepubescent females engaged in sexual explicit activities with adults. Many were category 4 of the COPINE scale. The offender was engaged in the exchange of these materials with other people online. The offender was 49 years old and suffered from a variety of health conditions. He admitted to distributing hundreds of pictures to others. He was socially isolated and spent most of his time on the Internet. He was a heavy drinker. He had no criminal record and was remorseful. He had undertaken no counseling. Two years probation was ordered.
R v Hassell,
2006 AJ No 1679 (Alta. P.C.), 2006 ABPC 314 (CanLII), per Van de Veen J
AB PC 9 months

The offender pleaded guilty to distributing child pornography. He traded materials in chat rooms twice per week for five years. This continued until he was caught. The materials depicted females in the nude with a focus on the genitals. Several photos included intercourse between adults and children. He gave an inculpatory statement to the police. The offender was 64 years old with no record. He was employed in a management-level job within the oil and gas industry until several years before the arrest. He was assessed and sound to be of low risk to reoffend. The judge ordered three years probation and a 10-year section 161 order.

R v Reeves, 2006 QCCQ 12583 (CanLII), per Couture J QC PC 20 months The offender pleaded guilty to importing child pornography (163.1(3)).
R c Garneau,
2006 QCCQ 12581 (CanLII), per Pelletier J
QC PC 9 months The offender pleaded guilty to accessing, possession and distribution of child pornography.
R v Neilly,
2006 CarswellOnt 2396 (Ont. C.A.), 2006 CanLII 12699 (ON CA), per curiam
ON CA 1 year also charged with possession
R v Anderson,
2005 ABPC 99 (CanLII), AJ No 535, per Semenuk J
AB PC 9 months massive collection no record; only some distributed; admitted addiction; diagnosed as a paedophile in the low-risk category
R v Jaune,
2005 BCPC 646 (CanLII), per Kitchen J
BC PC 18 months CSO The offender pleaded guilty to possession for the purpose of distribution.
R v Kim,
2004 CanLII 32118 (ONCA), (2004), 181 O.A.C. 88, per curiam
ON CA 9 month CSO large collection possession and distribution, border-line unsuccessful crown appeal
R v Larocque,
2004 ABPC 114 (CanLII), per Chrumka J
AB PC 18 months (distrib)
$1,000 (soliciting)
1000 images, 250 videos The offender pleaded guilty to distribution of child pornography and soliciting a prostitute. He was a member of an online child pornography group of 15 people from 10 countries. The initial moderator was arrested, so the offender became the new moderator. The group was selective on membership, only letting those who shared in high-quality child pornography to join. The materials involved were highly explicit. He became a Crown witness against another accused. He was 23 and 24 years old at the time of the offence. Three years probation and 10 years under a 161 order were made.
R v Faget,
2004 BCCA 66 (CanLII), per Rowles JA
BC CA 9 months guilty plea to poss’n for purpose of distrubtion; age 18; no record; remorseful and empathetic; no indication of emotional difficulties; low risk to reoffend; collection was part of adult pornography business; included category 4 material as per Missions
R v Kim,
2004 CanLII 32118 (ON CA), (2004), 181 O.A.C. 88, per curiam
ON CA 9 month CSO large collection also charged with possession, border-line unsuccessful crown appeal
R v Weber,
2003 CanLII 28579 (ON CA), per Feldman JA
ON CA 14 months CSO The offender pleade guilty to possession and distribution of child pornography.
R v Dunphy,
2003 NBQB 272 (CanLII), per Rideout J
NB SC 20 months CSO The offender pleaded guilty to possession and distribution of child pornography.
R v Currie,
2003 CanLII 33601 (MB PC), per Harvie J
MB PC 2 years (distrib) 4,500 images, 50 videos The offender pleaded guilty to distribution of child pornography. The police searched his residence finding a computer. The machine contained child pornography depicting nudity and sexual intercourse with children. The offender was 34 years-old and had a prior conviction for interference for which he received 23 months jail. He was a diagnosed pedophile and attempted to minimize the offence and the harm the materials caused.
R v Elder,
2002 MBCA 133 (CanLII), per Huband JA
MB CA 5 months CSO The offender pleaded to distribution of child pornography.
R v Cohen,
[2001] OJ No 1606 (Ont. C.A.), 2001 CanLII 3862 (ON CA), per Charron JA
ON CA 14 months CSO also charged with poss’n
R v Yaworksi,
2000 OJ No 2613 (Ont. C.A.)(*no CanLII links)
ON CA 12 months The offender pleaded guilty to distribution of child pornography. He was 20 years-old with no record.
R v Lisk,
[1998] OJ No 1456 (Ont. C.A.), 1998 CanLII 4737 (ON CA), per curiam
ON CA 3 months 111 images The case involved the distribution of child pornography in order to obtain more child pornography.
R v Lowes,
[1998] 5 W.W.R. 147 (Man. Prov. Ct.)(*no CanLII links)
MB PC $5,000 The offender pleaded guilty to distributing child pornography. He downloaded images and posted them on a public network. The offender was 27 yeasr-old and had a positive work history. Two years of probation was ordered.
Term PC SC CA S/S
Defined Provincial
Court
Superior
Court
Court
of Appeal
Suspended
Sentence

Possessing and Accessing Child Pornography




See also: Child Pornography Sentencing, Distributing and Making Available Child Pornography (Sentencing Cases), and Making Child Pornography (Sentencing Cases)

2010 to present

Case Name Prv Crt Sentence Amount Summary
R v Woolf,
2019 ONCJ 376 (CanLII), per Pringle J
ON PC 90 days
R v Swaby,
2018 BCCA 416 (CanLII), per Bennett JA (3:0)
BC CA Conditional Sentence "The first offender had 400 videos and 480 images which fell into the category of serious in nature. But he also had significant cognitive impairment and was “child-like” in terms of his intellect, causing his moral culpability for the offence to be reduced. He was schizophrenic, had been diagnosed with major depressive disorder, and had expressed suicidal ideations. There was also psychological opinion evidence that this offender would suffer significant harm from incarceration." The Court found 90-day minimum sentence was unconstitutional.
R v Campbell,
2017 BCPC 313 (CanLII), per Gaffar J
BC PC 10 months
R v Inksetter,
2017 ONCJ 574 (CanLII), per Doody J
ON PC 2 years less a day
R v Tremblay,
2017 BCPC 375 (CanLII), per McKimm J
BC PC 18 months
R v Tulloch,
2017 ABPC 257 (CanLII), per Pharo J
AB PC 18 months
R v Carlos,
2016 ONCA 920 (CanLII), per curiam
ON CA 3 years The offender was convicted at trial for possession and making available child pornography.
R v MT,
2016 BCPC 243 (CanLII), per Brecknell J
BC PC 90 days 17 videos
R v TW,
2016 ONCJ 409 (CanLII), per M Green J
ON PC 40 days 13 images The offender plead guilty to attempted possession of child pornography for attempting to download the files thoruhg his work computer. The network filtered out the files, preventing him from obtaining the files. The materials consisted mostly of "naturalist" settings.
R v Harrison,
2016 ABPC 112 (CanLII), per Redman J
AB PC 18 months
R v Wang,
[2016] O.J. No. 5582 (S.C.J.)(complete citation pending)
ON SC 9 months "a 20-year old first offender who possessed 38 child pornography images and 5 child pornography videos. The images consisted of graphic sex acts between children and between children and adults, including one that simulated rape involving bondage. The defendant was of prior good character, had good rehabilitative prospects and was willing to take treatment. The Court rejected a sentence of 90 days jail as an insufficient general deterrent and insufficiently denunciatory;" [2]
R v Lysenchuk,
2016 ONSC 1009 (CanLII)(complete citation pending)
ON SC 9 months "a first offender, who was 65 years old and had no prior criminal record. He had possessed 5920 images and 588 videos. His risk of offending involving actual contact with children was low, and risk of committing a child pornography offence again was low moderate;"
R v Robinson,
2016 ONCJ 306 (CanLII), per Bishop J
ON PC 2 years less a day (global, concurrent on each)
see Making Child Pornography (Sentencing Cases)
R v Gryba,
2016 SKQB 123 (CanLII), per Popescul CJ
SK SC 53 months, less a day
R v Aharonov,
2015 ONCJ 787 (CanLII), per Brewer J
ON PC 10 months + 3YP (poss'n x2) 33 unique videos, 515 unique images, all accessible to user. 2096 recovered images. Co-worker discovers images on the hard drive of offender while at work. Police are called and seized several electronic devices. Judge also ordered DNA, SOIRA for life, and a s. 161 order.
R v Burke, 2015 SKPC 173 (CanLII), per Angew J SK PC 3 years, 3 months The offender plead guilty to possession. The nature of the materials was serious and included "small children be tortured". He was a "sophisticated" used and employed the use of complex encryption to hide his activity. There was evidence of 4,905 files of child pornography being downloaded but only 8 were intact.
R v Robertson,
2015 ONCJ 48 (CanLII), per Baldwin J
ON PC 18 months and probation 18,556 images, 61 videos (not all categorized) Also made 161 order.
R v JDM (Mack),
2014 ONCJ 29 (CanLII), per Reinhardt J
ON PC 2 years less a day under 100 images and videos The offender pleaded guilty to possession, accessing and making available child pornography. He had a previous record of possessing child pornography. He had only just finished completing his programming from his previous sentence when he was caught again. He was 36 years old and had been sexually assaulted when he was younger. The judge sentenced Mack to 2 years less a day with probation.
R v Kroeker,
2014 SKQB 137 (CanLII), per Keene J
SK SC 2 years (poss'n)
1 year (making avail) both concurrent
100k images
6k videos
see Distribution Case Digests for summary
R v Dansereau,
2014 ONCJ 250 (CanLII), per Bishop J
ON PC 15 months 535 images, 31 videos Offender pleaded guilty to possession. Materials depicted intercourse with very young females. Offender was 56 years old and was employed in a mine.
R v St. Martin
2014 ONSC 4401, per O'Marra J
ON SC 8 months 164 images and 5 videos Offender convicted of possession and accessing. He was caught looking at child pornography at the public library. Most materials were 'mild'. Offender was 47 years old and unemployed. Probation (2 years) ordered. Offence date was pre-2012 amendments.
R v Riffon,
2014 ONCJ 262 (CanLII), per Dorval J
ON PC 15 months The offender pleaded guilty to possession of child pornography.
R v Elstub,
2014 ONCJ 546 (CanLII), per Speyer J
ON PC 1 year with probation 437 unique images The offender pleaded guilty to one count of possession of child pornography. He had previous outstanding charges for possession of child pornography at the time of the commission of the offence. He possessed 437 unique images depicting victims between the ages of 2 and 6 being sexually assaulted through oral, vaginal and anal intercourse with adult males. The offender was 43 years old and operated a glass blowing company for many years. He had a number of mental health problems including anxiety and PTSD. He had been sexually abused as a child. He was not a Canadian citizen and would possibly be deported after completion of sentence. He had an unrelated criminal record for assault, breaches of court orders. Judge Speyer J. rejected a joint recommendation of 90 days and sentenced the accused to 1 year jail with 3 years probation.
R v Hughes,
2014 ONCJ 231 (CanLII), per McKerlie J
ON PC 12 months (global)
4 months (poss'n)

8 months (making avail)

355 images, 242 videos See Distribution Case Digests
R v Bertrand,
2014 QCCQ 5233 (CanLII), per Boyer J
QC PC 60 months (global) Offender pleaded guilty to 75 counts relating to child pornography. He was found to be soliciting young girls online as a modelling talent agent, getting girls to pose for him through webcam.
R v O’Shea,
2014 ONSC 840 (CanLII), per Lafrance-Cardinal J
ON SC 1 year The offender pleaded guilty to possession of child pornography. Two years probation was ordered.
R v Snow,
2014 BCPC 27 (CanLII), per Bagnall J
BC PC 4 years Offender pleaded guilty to possession. He had serious related record.
R v Lukat,
2014 ABCA 112 (CanLII), per Fraser CJ
AB CA 8 months (poss'n)
R c Lapierre,
2013 QCCQ 6496 (CanLII), per Marchi J
QC PC
3 years (global)
109,000 images
500 videos
R v Hyde,
2013 ABPC 206 (CanLII), per AJ Brown J
AB PC 30 months (global)
LTO designation
2,000+ images, 4,00+ videos The offender pleaded guilty to two counts of possession of child pornography and a breach of recognizance. While on a reconnaissance he was found in public masturbating to child pornography on a cell phone. It's further search revealed several devices containing more child pornography. The materials mainly consisted of nudity with focus on the anal and vaginal region's, But also included adults engaging in sexual activity with children. The offender was 66 years old with a considerable record including related offences. The judge found him to be a long-term offender. No indication of which minimum applied.
R v Mills,
2013 ABPC 181 (CanLII), per Dunnigan J
AB PC poss'n
(1 year)
making
(2 years)
interference
(4 years)
luring
(1 to 2 years)
The Distribution Case Digests
R v KDC,
2013 BCPC 176 (CanLII), per Cutler J
BC PC poss'n (2 years)
sexual assault CBH (10 years)
R v CGL,
2013 ABCA 140 (CanLII), per curiam
AB CA poss'n (12 months)
accessing (12 months)
making (24 months)
interference (6 months each)
6,973 images The Distribution Case Digests
R v Merrick,
2013 ONCJ 232 (CanLII), per Pugsley J
ON PC poss'n x2 (15 months each + P)
breach (30 days)
100,000+ images
1,900+ movies
Offender pleaded guilty to two counts of possession and one count breach of recognizance. He was initially charged with possession and accessing in December 2011. In August 2012 he was found in possession again. Most of the materials were accessible. He was assessed as low to moderate risk of really offence and had taken some counseling. She had community support. Probation for three years ordered.
R v Lalbin,
2013 QCCQ 2010 (CanLII), per Marchand J
QC PC 90 days (poss'n) 200 images and some videos The offender pleaded guilty to possession of child pornography and unsafe storage of a firearm. Materials were found on a USB device. Offender was a 74 year old retired professor. Probation (2 years) ordered.
R v Mathieson, 2013 ONCJ 592 (CanLII), per Harris J ON PC The offender pleaded guilty to possession and printing child pornography as well as breach of probation.
R v Karlenzig,
2013 SKPC 48 (CanLII), per Gray J
SK PC poss'n (12 months) Offender pleaded guilty to possession. Police obtained records of customers of a commercial child pornography DVD vendor . Offender was 57 years old and worked at teh Saskatchewan teacher's federation. He left his job after arrest. He made purchases over 2 and a half years. Probation (3 year) ordered.
R v Allen,
2013 BCPC 69 (CanLII), per Chen J
BC PC Poss'n (12 months + P) 2000+ images, 456 videos totalling 4.5 gigabytes of files. new minimums apply. Collection was well-organized on external hard drive. There were also CP found on a number of discs. Offender tried to hide the hard drive when police searched residence.
R v Labre,
2013 ONCJ 116 (CanLII), per Lalande J
ON PC Poss'n (90 days) 1,700+ pics 40+ videos Offender pleaded guilty to possession. Offender was 49 years old with good employment record. Offenders computer was stolen in 2008 and child pornography was discovered and traced back to him.
R v Twigg,
2013 ONCJ 96 (CanLII), per George J
ON PC Poss'n (8 months) 1060 images and 2173 nudity images and 206 videos The offender was 24 years old with no record. He had a positive employment history and was willing want to go counseling. He suffered from ADD. Probation ordered 18 months.
R v Foley
2013 ONCJ 26 (CanLII), per Renaud J
ON PC Poss'n (9 months)
R v Lane, 2013 ONCJ 111 (CanLII), per Brewer J ON PC 90 days 3,610 images and 191 videos Offender pleaded guilty to possession of child pornography. Materials were found on his computer, they included depictions of intercourse, oral sex, and posing. The offender was a retired 68 years old who taught as a high school teacher previously and was a publisher. He had a history of volunteering work including with young people. He had limited insight into the conduct. He had skin cancer. Probation (1 year) ordered.
R v Leask,
2013 BCSC 926 (CanLII), per Bernard J
BC SC 45 days 26 images
R v R.L.W.
2013 BCCA 50 (CanLII), per Harris J
BC CA Poss'n (18 months) Also sentenced on Sexual assault causing bodily harm (5 years)
R v Rainville, 2013 QCCQ 3524 (CanLII), per Boulet J QC ?? 9 months The offender pleaded guilty to possession of child pornography. Three years probation was ordered.
R v Clayton,
2012 ABQB 333 (CanLII), per Eidsvik J
AB SC 1 year (poss'n)
1 year (access)
2 years (distrib)
3 years (global)
4,600 images The offender was a 30 year old British soldier collecting CP over 10 months. Files were mostly of girls and boys naked, involved in intercourse, oral sex. Chat logs were also found showing the offender chatting with 213 persons discussing interest in images and sharing online. Found guilty at trial. Offender has abused as a child. No prior record. Had two post-secondary degrees. Given three month remand credit.
R v Lilly,
2012 CanLII 64584 (NL SCTD), per Whalen J
NL SC 12 months The offender pleaded guilty to possession of child pornography, careless storage of a firearm (x2), and possession of cannabis resin. Probation for 3 years was ordered.
R c Castonguay, 2012 QCCQ 11389 (CanLII), per Kennedy J QC PC 7 months + P 356 images Offender was 30 years old. Possessed images of naked females between 5 and 14 years of age, mostly posing without explicit sexual activity. Negative pre-sentence report and psych report. Limited acceptance of responsibility.
R v Morrisseau
2012 ONCJ 259 (CanLII), per McKay J
ON PC 2 years less a day (JR) Guilty plea to possession, making available, possession of stolen property, interference, and invitation to sexual touching. Found in a large collection of CP. While babysitting niece he masturbated in front of her and touched her buttocks and between her legs. He had her touch his penis. Offender was 37 years old, aboriginal, with no prior record. Assessed as low risk.
R c Fortin, 2012 QCCS 6930 (CanLII), per Vincent J QC SC 6 months The offender pleaded guilty to possession of child pornography and 2nd degree murder.
R c Haddad,
2012 QCCQ 2449 (CanLII), per Legault J
QC ?? discharge The offender was found guilty of possession and importing child pornography.
R v Pelich
2012 ONSC 4100 (CanLII), per Dunnet J
ON SC 42 months (global)
2 years (poss'n)
1 year (access)
Convicted for accessing CP x 1, making available CP x 2, possession CP x 3. Materials depicted females aged 6 to 10 engaged in oral, vaginal and oral sex with adult males. Some depicted toddlers. Offender was 45 years old with no prior record. He was unremorseful, showed no insight refused treatment.
R v Davies,
2012 ONSC 6021 (CanLII), per Spies J
ON SC 15 months + P 4,254 pics, 449 videos Offender was found in possession of two CDs containing 4,254 images and 449 videos of child pornography. Images showed sexual posing and sexually explicit activity of mostly boys aged between 12 and 14. Some images of toddlers others showed bondage. The offender was 52 years old suffered from leukaemia was homeless for a period of time. Leukaemia was in remission at time of sentencing.
R v Heffernan,
2012 ONCJ 796 (CanLII), per Feldman J
ON PC 90 days + P 300 to 500 images Images included highly explicit images of girls as young as 2 years old. Offender was 31 years old with no record. Lost most friends due to charges. Lived with parents and worked as security guard for 6 years. He was remorseful. Psych report stated he was low risk of reoffence. (Per Feldman J.)
MP c R, 2012 QCCA 1784 (CanLII), per curiam QC CA 3 months (access)
12 months (distrib)
15 months (touching)
Offender was 20 years old, was involved in masturbation of half-brother who was 13 years old. He showed images of CP to an 8 year old boy.
R c Auger-St-Laurent,
2012 QCCQ 9440 (CanLII), per Chapdelaine J
QC SC 6 months + P 1,000 files Offender was 28 years old with no record. He downloaded CP over 5 or 6 years. File discovered by computer repair person. Offender a good candidate for rehabilitation.
R v KDH
2012 ABQB 471 (CanLII), per Manderscheid J
AB SC Poss'n (2 years)
Global (18 years)
10,000+ images and videos offender also sentenced for a variety of sex offences against children. Offender had sexual relations with his own children and step-children over several years. Found CP on computer. (Chapdelaine J.)
R v Fiaoni, 2012 ONSC 7535 (CanLII), per Edwards J ON SC 1 year The offender was found guilty of possession of child pornography.
R v Young
2012 ONCJ 716 (CanLII), per Harris J
ON PC poss'n (90 days) 13,959 images, 210 videos most materials were inaccessible
R v Wright,
2012 ONCJ 698 (CanLII), per Hearn J
ON PC making avail. (12 months + P)
poss'n (12 months + P)
404 videos, 40 images peer-to-peer investigation
R v Nelson,
2012 BCPC 348 (CanLII), per Rideout J
BC PC Poss'n (1 year) 18 images and videos also charged with sexual assault causing bodily harm of 14 year old--aboriginal background
R v Lorenz,
2012 SKQB 391 (CanLII), per Schwann J
SK SC 9 months 449 images and 9 videos Summary of case is pending.
R v Schroeder,
2012 ABPC 241 (CanLII), per AJ Brown J
AB PC Poss'n (90 days)
Luring (24 months less a day CSO)
4 images, 5 videos Over 9 days, accused chatted with undercover officer posing as a 13 year old girl-conversation became sexual-they arranged to meet up and he was arrested upon arrival, condoms were found on him at time or arrest-police found 218 chats with other adults discussing sexual acts with children
R v McArthur,
2012 ABPC 217 (CanLII), per Johnson J
AB PC Poss'n (12 months)
Distrib (16 months)
991 images, 67 videos Summary of case is pending.
R v Hutchings,
2012 ONCJ 347 (CanLII), per M Green J
ON PC 36 months 61,000 images, 150 videos The offender pleaded guilty to four counts relating to child pornography and breach of probation for previous charges for accessing and distributing child pornography. Within weeks of release he was found accessing and possessing child pornography. His collection was greater than 60,000 files. He was 43 years old. He ceased treatment shortly after completing his term on the first offences. The accused was sentenced to 3 years (pre-2012 minimums applied).
R v Paradee,
2012 ABPC 148 (CanLII), per Redman J
AB PC Poss'n (90 days)
Luring (18 month CSO)
webcam offender lured 16 year old online and had her masturbate on web camera.
R v Rice,
2012 CanLII 81903 (NL PC), per Walsh J
NL PC 1 year ( distrib)
4 months (poss'n)
18 months (luring)
Offender pleaded guilty to luring, possession and distribution of child pornography. Offender began an online relationship with a 16 year old boy he met while playing video games. They engaged in sexual chat and spoke by phone as well as facebook and text messages. He sent the victim child pornography and the victim sent nude photos of himself. The victim reported him to the police when a meet-up was suggested. The offender was 37 years old with a criminal record including one offence for interference. He showed little insight into his actions.
R v Andrukonis,
2012 ABCA 148 (CanLII), per Watson JA (2:1)
AB CA Poss'n (12 months) 42 unique images, 87 videos offender pleaded guilty to one count of possession of child pornography. He collected for 12 to 18 months--was sexually abused as a child. Materials mostly consisted of depiction of explicit sexual activities and sadism. Offender admitted offence to police.
R v Klassen,
2012 BCCA 405 (CanLII), per Garson JA
BC CA 1 year The offender pleaded guilty to importing child pornography and sexual interference (x 14).
R v Tettersell,
2012 ABCA 57 (CanLII), per curiam
AB CA 2 years (poss'n)
2 years (making)
2 years (distr)
2 years (interference)
global (8 years)
See Making Child Pornography Digests for summary
R v H.(R.)
2012 ONCA 593 (CanLII), per curiam
ON CA 27 months Offender pleaded guilty to poss'n CP, and making available CP x 2, breach probation. Offender was 28 years old, with prior record. He was cooperative with police. Probation (18 months) ordered.
R v Ahmed,
2012 ONCJ 71 (CanLII), per Forsyth J
ON PC Poss'n (90 days) 28 images, 7 videos Offender pleaded guilty to possession. Crown proceeded summarily and sought 12 months. Offender was 19 years old, with no evidence of being a pedophile. Probation for 3 years was ordered.
R v Matticks,
2012 ABPC 32 (CanLII), per Lamoureux J
AB PC Poss'n (12 months)
Global (2 years less a day)
334 images also charged with luring two children on internet
R v Gringel,
2012 ONCA 48 (CanLII), per curiam
ON CA 15 months
R v Keough,
2012 ABCA 14 (CanLII), per Slatter JA (2:1)
AB CA 18 months poss'n x 2; appealed from 27 month sentence; voyeurism; stole video of youths sexual activity
R v Ingvaldson,
2012 BCPC 437 (CanLII), per Kitchen J
BC PC 3 months 41 images Offender pleaded guilty to possession and accessing child pornography. Materials included depiction of intercourse between adults and children. The children depicted were particularly young and the depictions were highly graphic. The offender was a director of education technology of a school with a Masters degree. He lost his job and his marriage due to the arrest. He received treatment before sentencing. Probation (2 years) ordered.
R v Gaudreau,
2012 QCCQ 5669 (CanLII), per Lortie J
QC PC 6 months (poss'n)
6 months (distr)
2,543 files Police discover CP images on computer with evidence of file sharing. Files depicted young boys posing. Offender was 52 years old. He was retired from the military with no prior record. Probation was also ordered.
R v Guillemette,
[2010] OJ No 5307(*no CanLII links)
ON 18 months 454 unique videos
1,392 unique images
Offender pleaded guilty to possession and distributing child pornography. He was discovered by an undercover officer online in a chat room. Materials depicted children between infants and 14 year olds. Offender was 21 years old at the time. He was cooperative with police, lived with family and had no record.
R v Yau
2011 ONSC 1009 (CanLII), per MacDonnell J
ON SC 7 months uncertain Offender was convicted at trial and maintained innocence. 479 images introduced at trial, most were nudes, some anime. Evidence suggested he only possessed files for a short period of time. Ordered a 161 order for 5 years. 90 days pre-trial credit was granted.
R v Dumais,
[2011] OJ No 116, 2011 ONSC 276 (CanLII), per Ratushny J
ON Poss'n (9 months) 170 images
44 videos
Offender lost his job as a grade school teacher, was remorseful, and early guilty plea. He was cooperative with police and attended counselling while out on bail. Psychiatric report stated he was not a pedophile and was low risk. He had no prior record and had the support of family.
R v Lamb,
2011 BCSC 349 (CanLII), per Ehrcke J
BC SC Poss'n (45 days) 6 videos, 2 images, and 20 texts The offender pleaded guilty to possession of child pornography.
R v Grimsdale,
2011 ABPC 51 (CanLII), per Fraser J
AB PC 2,600 images 260 of the images show sexual assaults
R v Somogyi, 2011 ONSC 483 (CanLII), per Wilson J ON SC 31 days The offender was found guilty of luring (x 3) and possession of child pornography. see Child Luring (Sentencing Cases)
R v Pinsky,
2011 SKPC 111 (CanLII), per Singer J
SK PC Poss'n (12 months) 5,036 images 69,000 image and video files total, 5036 confirmed CP. The offender was 27 years old with no record. He was attending law school. Materials were found on two USB drives. Depictions included infants and depicted bondage, torture, and bestiality. Offender was collecting while awaiting trial on similar matters.
R v Girard,
2011 QCCQ 9388 (CanLII), per Boudreau J
QC PC 60 months after remand (global) 7 million Offender convicted of distributing, making, possessing and accessing child pornography. He had previous conviction from 1996 for sexual offences against children. The judge made a Long Term Offender Order.
R v McAdorey,
2011 ONCJ 540(*no CanLII links)
ON PC 2 years (global) 93 movies
13,000+ images
Offender plead guilty to possession and accessing of child pornography. Offender had a prior conviction for child pornography. He was 42 years of age and lived with his parents at the time. He was diagnosed with pedophilia. Credit given for 184 days for pre-trial custody.
R v St. Michael,
2011 ONSC 449 (CanLII), per Ray J
ON SC making (4 years)
3 years (interference and exploitation)
see Making Child Pornography Case Digests for summary
R v Lynch-Staunton,
2011 ONSC 218 (CanLII), per Ratushny J
ON SC 5 years 2097 images, 1763 texts, 574 videos Offneder pleaded guilty to possession and distribution of child pornography. He was found to have been sharing materials over 4 months. Materials were found on 21 devcies and amounted to 12.1 gigabytes of child pornography. The offender was aged 56, with no prior record. he Had been collecting for over 10+ years. He had no remorse or insight into his conduct and was not willing to participate in treatment.
R v D. (M.D.)
2011 NWTTC 20 (CanLII), per Gorin J
NWT PC 1 year (poss'n)
3 month (voyeurism)
1,888 unique images Offender plead guilty to one count of possession and one count of voyeurism. He was 50 years old with no record. Materials depicted intercourse and bondage. Police found 1,000 child pornography and incest stories. Offender had made secret video of two young girls going to washroom.
R v Ryan,
2011 ONCJ 342 (CanLII), per Harris J
ON PC 16 months (making avail)
2 months (poss'n)
Offender pleaded guilty to possession and making available. Police discovered him through peer-to-peer filesharing networks. Materials were found on his computer and included depictions of anal intercourse and oral sex, bondage and ejaculation on a child. The offender was 25 years old and had no record. Probation (3 years), SOIRA (life), and 161 Order (20 years) was ordered.
R v Johnston,
2011 NLCA 56 (CanLII), per White JA
NL CA Poss'n (10 months) 20 videos Offender was a 72 year old, retired staff Sargent of RCMP; appealed from 15 months. Materials depicted children engaging in sexual activities including oral sexual sexual intercourse. Offender was cooperative and remorseful. Section 161 order was not necessary.
R v Brunton, 2011 ONSC 285 (CanLII), per Lafrance-Cardinal J ON SC 6 months The offender pleaded guilty to possession of child pornography.
R v Tackaberry,
2011 ONSC 5245 (CanLII), per Hennessy J
ON SC 2 years (joint recommendation) 150 images, 2 videos Offender pleaded guilty to two counts of possession. Images and videos were found on his computer and a thumb drive. Offender was diagnosed as a pedophile and was sexually abused as a child. He was open to treatment. He was 31 years old at the time and had a record including sexual assault on children and one conviction for possession of child pornography. Found to be a long term offender.
R v Oakey,
2011 ONCJ 404 (CanLII), per Harris J
ON PC Poss'n (2 months)
7 months (making available)
894 images 1 video Offender plead guilty to possession and making available. Judge considered his collection to be small. Most files were deleted. Some materials decpited vidoence, bondage, torture, and bestiality of children ranging from infants to 16 years old. Offender was a 51 year old book editor with no record. He was remorseful, undergoing counselling, with a low chance of suffering from pedophilia and low chance to re-offend. He also suffered from diabetes.
R v MG,
2011 NBPC 10 (CanLII), per Brien J
NB PC Global (15 years) over 11 years duration, also charged with making and distribution
R v Tootoosis,
2010 ABQB 574 (CanLII), per Burrows J
AB SC 18 months (poss'n)
45 days (access)
24,569 images stored of which 4229 were unique images; 7 videos The offender was found guilty of possession and accessing child pornography. He pleaded guilty to careless storage of a firearm. He had 24,569 images of child pornography on his computer. The accused was 52 years-old and a diagnosed pedophile with a moderate-high risk of re-offence. He had a prior related conviction from 1980. He was sentenced to 18 months for possession of the collection and 45 days for accessing a single website.
R v Bejasa,
2010 ABPC 249 (CanLII), per Fradsham J
AB PC Poss'n (2.5 months + P)
access (2.5 months + P)
5 month (global)
< 100 images and videos Offender pleaded guilty to possession and accessing. Materials depicted intercourse between adult males and young boys, included some violence. Offender was 34 years old and was unemployed, living with his sister. Section 161 order was imposed.
R v HT,
2010 MBPC 8 (CanLII), per MJ Smith J
MB PC Poss'n (90 days) 1297 pics 185 vids Offender pleaded guilty to possession and distribution of child pornography. The offence occurred over 5 years where he obtained child pornography through peer-to-peer file sharing as well as through paid access. The materials depicted females of ages of 8 and up. Some were of infant and toddlers. The materials depicted posing as well as intercourse. The offender was 72 years old with no record. He lost his marriage and relationship with his children as a result of the arrest. He was remorseful. He undertook counselling.
R v Miller,
2010 ONCJ 368 (CanLII), per Robertson J
ON PC 2 years (global) Offender pleaded guilty to possession of child pornography and luring.
R v Hopps,
2010 BCSC 1875 (CanLII), per Brown J
BC SC 2 years The offender was found guilty of possession and accessing child pornography.
R v Sanders
2010 ONCJ 365(*no CanLII links)
ON PC 1 year (joint recommendation) 4,108 images and 705 videos Offender pleaded guilty to possession of child pornography. Materials depicted intercourse between children and adults, bestiality and violence. Some children were toddlers. The 40-year-old offender had no record. He lost his marriage as a result. He was remorseful and willing to undergo treatment. He reported being molested a child.
R v McArthur,
2010 ABPC 231 (CanLII), per Anderson J
AB PC Poss'n (2 years)
Distrib (2 years)
50,000 images, ,2500 videos The offender pleaded guilty to possession (x2) and distribution of child pornography. He was found on an internet chat room and sent an undercover officer images of child pornography.
R v Bouchard,
2010 QCCQ 10370 (CanLII), per Boulet J
QC PC 4 months 1,426 images, 396 videos The offender pleaded guilty to possession of child pornography. He was discovered during a search of a German server that was sharing child pornography. Records indicated he had accessed the server. A search of his residence revealed child pornography on his laptop and storage media.
R v Bock,
2010 ONSC 3117 (CanLII), per Henderson J
ON SC 2 years, 9 months ... see Distribution Case Digests
R v Bauer,
2010 ONCA 331 (CanLII), per curiam
ON CA 1 year (poss'n)
19 months (access)
Offender pleaded guilty to two counts possession, one count accessing, and two counts of breach of recognizance.
R v Butler,
2011 NLTD 5 (CanLII), per Goulding J
NL SC 18 months (poss'n)
15 months (making)
3 months (careless)
see Making child pornography digests for summary
R v Hilderman,
2010 ABPC 183 (CanLII), per Fraser J
AB PC Global (2.5 years) 1,900 images, 23 texts, 540 videos two counts of possession; one count of making available; and breach of recog.--after being released on first charge he obtained more material while on bail--materials show ages 5 to 17, including graphic sexual acts, bondage and brutality--made available through P2P software--moderate high risk of reoffence--addicted to CP
R v Dean
[2010] OJ No 5305(*no CanLII links)
ON 3 years 1061 videos and 288,742 images (30,764 unique) materials depicted intercourse with young children between 2 and 13, including bondage. He was discovered entering Canada. He rationalized his offence and no understanding of his actions.
R v Cuttell,
2010 ONCJ 139 (CanLII), per Pringle J
ON PC 18 months 1346 images and 10 videos two counts of making CP available to others through P2P network--materials depict anal nad vaginal penetration of children, bondage, group sex--youngest was aged 3--offender was 67 with no record--had limited mobility
R v Brignolio,
2010 ONSC 4361 (CanLII), per Hennessy J
ON SC Poss'n (12 months) 114 unique images and 1,408 unique videos Offender pleaded guilty to one count possession of child pornography. He a retired 68 year old widower with diabetes and no criminal record. Materials depicted sex acts between adults and children including oral, anal, and vaginal sex.
R v Pereyra,
2010 ONCJ 481 (CanLII), per Robertson J
ON PC 4 months 110 images, 5 videos The offender pleaded guilty to possession of child pornography. Of the images found, only 21 were accessible and of the videos, only 2 were accessible. The materials showed intercourse and oral sex. The offender was 35 years of age and was an immigrant from Uruguay. He was remorseful. He had a alcohol and drug addiction. Judge rejected a joint recommendation for 60 days imprisonment. Probation for 3 years was ordered.
R v Ashkewe,
2010 ONSC 6723 (CanLII), per Leroy J
ON SC 8 months 31 images and 33 videos Offender was convicted of possession of child pornography. He used a rental computer to download child pornography, which was discovered upon return. Materials were on the "low end" of depravity, but included oral and vaginal sex with toddler. The offender was 40 years old and was abused as a child. As a result of charges he lost his job as a school bus driver.
R v Duff
2010 ONCJ 493 (CanLII), 2010 OJ No 4613 (ONCJ), per Coel J
ON PC 9 months 8000 files The offender pleaded guilty to two counts of possession of child pornography. He had 12 CD of child pornography. Files depicted ages ranging from infants to teens. Also included depiction of intercourse between an adult and an infant. Materials had been on the computer for 3 years. The offender was 51 years old and good employment history. He had no record. The arrest resulted in losing his marriage. He was remorseful and sought counselling.
R v Brooks,
2010 MBPC 61 (CanLII), per Lerner J
MB PC 10 months 4 images, 6 videos taking CP across border from US
R v St-Gelais,
2010 QCCQ 9642 (CanLII), per Boulet J
QC PC 45 days 1,363 images The offender pleaded guilty to accessing child pornography. All except 50 images were deleted. Materials were collected over 2 years. Probation for 2 years, a SOIRA Order for 10 years, and a s 161 order for 5 years were made.
R v Brandridge,
2010 ONCJ 450 (CanLII), per Blouin J
ON PC 3 years (making and poss'n)
2 years (making)
5 years (global)
35,000 images, 485 videos see Making Child Pornography Digests for summary
R v WE,
2010 NLCA 4 (CanLII), per Rowe JA
NL CA 20 months "large number" of videos and images no prior record
R v Durocher,
2010 ONCJ 66 (CanLII), per Lajoie J
ON PC 1 day The offender pleaded guilty to possession (x2) of child pornorgraphy.
R v Proulx,
2010 MBQB 58 (CanLII), per Menzies J
MB SC 8 months 2,466 pics and some videos 3 years probation; images of Mission categories 1 to 4; collected for over a 2 years; disagnosed with pedophilia; remorseful and had good insight; low risk of reoffending if treated; no prior criminal record; summary conviction; Crown sought 12 months. Subjects of imagery were females ranged from 3 year to 15 years of age. Evidence suggested he would look at the materials for up to 4 hours in a day. He kept the materials in "meticulous" order. Overturned sentence of 90 days (2009 MBPC 13)
R v Tinkler,
2010 ONCJ 249 (CanLII), per Nadel J
ON PC 20 months (distrib)
6 months (poss'n)
342 images, 2 videos The offender pleaded guilty to possession and distribution of child pornography. He was found in chatrooms engaging in trading of materials. The offender was a 67 years old retired professor.
R v Mathieson,
2010 ONCJ 616 (CanLII), per Nadel J
ON PC Poss'n (16 months)
making (12 months)
1,774 pictures see Making Child Pornography Digests for summary

2005 to 2009

Case Name Prv Crt Sentence Amount Summary
R v JJH,
2009 CanLII 68164 (NL PC), per Hyslop J
NL PC 3 years The offender pleaded guilty to possession of child pornography and sexual assault.
R v Vasic,
2009 CanLII 23884 (ON SC), per Thorburn J
ON SC 19 months 119 videos, 494 images Offender sentenced for possession, making available child pornography as well as several weapons offences. Materials depicted violence and explicit sexual activity. Offender was 19 years old and worked in car sales. He had no record. Lost his job due to charges. Probation (3 years) SOIRA (10 years) ordered. Was assaulted while in custody.
R v Blatchley,
2009 ONCJ 404(*no CanLII links)
ON PC 3 years
R v Fagan, 2009 CanLII 32261 (ON SC), per Jenkins J ON SC 1 year The offender was found guilty of assault and possession of child pornography.
R v BHL,
2009 ABPC 50 (CanLII), per Hironaka J
AB PC Distrib. (2 years less a day)
Poss'n (1 year)
32,517 images 800 of images were graphic in nature
R v WAE,
2009 CanLII 42861 (NLPC), per Gorman J
NL PC 5 years 476,704 pictures; 47,544 videos
R v Carrigan,
2009 ABPC 228 (CanLII), per Anderson J
AB PC
R v Fortin,
2009 QCCQ 6942 (CanLII), per Laflamme J
QC PC 90 days The offender pleaded guilty to possession of child pornography, luring, invitation to sexual touching, and interference.
R v Cafferata,
2009 YKTC 95 (CanLII), per Cozens J
YK PC 6 months 17,000 images
R v Hammond,
2009 ABCA 415 (CanLII), per Watson JA
AB CA 1 year The offender pleaded guilty to accessing of child pornography. He downloaded child pornography onto his sister's computer over two years. Probation for 3 years ordered.
R v Hammond,
2009 ABPC 153 (CanLII), per Sully J aff'd 2009 ABCA 415 (CanLII), per Watson JA
AB PC 90 days 106 unique videos and 456 pics images and videos highly graphic
R v Bowers,
2013 BCPC 383 (CanLII), per Hicks J
BC PC 9 months and probation {{{6}}}
R v Dolovich,
2009 MBPC 17 (CanLII), per Chartier J
MB PC 2 years less a day CSO (joint recommendation) 547 files, including 35 videos Offender pleaded guilty to possession and distribution of child pornography. Offender was 38 years old and was employed as a lawyer. He was remorseful and showed insight. Risk to re-offend was low.
R v Nowazek,
2009 YKTC 51 (CanLII), per Ruddy J
YK PC 24 months thousands of pics and vids 1,000 photo images and video clips on his computer’s hard drive, as well as thousands of video clips and still shots on 40 computer disks; history of sexual offending against children and was a high risk to reoffend
R v Crone,
2009 BCPC 429 (CanLII), per Rodgers J
BC PC 4 months and probation {{{6}}}
R v Johannson,
2009 SKQB 12 (CanLII), per Gabrielson J
SK SC Poss'n(45 days)
making avail. (12 months)
26 videos and 20 images Offender pleaded guilty to 3 counts possession, found guilty at trial of two counts of making available. The images were of boys aged 10 to 15--offender age 26, attending university, no record. Probation (3 years), SOIRA (20 years) Ordered.
R v CWF,
2009 BCPC 85 (CanLII), per McArthur J
BC PC Poss'n (9 months + P) 4 vids guilty plea to poss’n; age 31; poss’n over two weeks; 4 videos, very serious in nature; prior record for sex assault of child from 12 years earlier; diagnosed with pedophilia; moderate to high risk to reoffend
R v Proulx,
2009 MBPC 13 (CanLII), per Corrin J
MB PC 90 days The offender pleaded guilty to possession of child pornography.
R c Turcotte,
2009 QCCQ 4531 (CanLII), per Pelletier J
QC PC 6 months The offender pleaded guilty to possession of child pornography, invitation to sexual touching, kidnapping, confinement and interference.
R v Gardiner,
2009 BCPC 358 (CanLII), per O'Bryne J
BC PC 9 months (distrib)
3 months (poss'n)
The offender pleaded guilty to distributing and possession of child pornography. He was a 62 year old school psychologist and teacher. Probation for 3 months ordered.
R v Johnson,
2009 ABCA 74 (CanLII), per McFadyen JA
AB CA 15 months 260 images, 24 videos
R v Johansen,
2009 ONCJ 305 (CanLII), per Baldwin J
ON PC 8 months (poss'n)
15 months (making avail)
95 images, 145 videos
R v Sayre,
2009 NBQB 232 (CanLII), per McLellan J
NB SC 4 months approximately 25 images Offender convicted of possession of child pornography. He was found to possess images of intercourse and nudity. Reported downloaded over many years for educational purposes only. He stored them on CDs. Shown to be of good character by reference letters. Offender was 50 years old and employed as a mechanical engineer. He had 2 months credit on remand. Probation (3 years) and SOIRA (10 years) ordered.
R v Ribout,
2009 ONCJ 334 (CanLII), per Guay J
ON PC 6 months 9,789 images, 905 videos Offender convicted of possession and accessing child pornography. Offender was employed as a personal care worker for the disabled. He was 32 years old and suffered from depression. He was remorseful and received some treatment. Probation (2 years) was ordered.
R v WD,
2008 ABPC 290 (CanLII), per Van de Veen J
AB PC 3 months see Making Child Pornography Digests for summary
R v D.C. and M.G.,
2009 NBCA 59 (CanLII), per Deschênes JA
NB CA 12 months also charged making and distribution, joint recommendation, otherwise judge would have gone higher.
R v Smith,
[2008] OJ No 4558 (ONSC), 2008 CanLII 59107 (ON SC), per Clark J
ON SC 21 months (global)
20 months (avail)
12 months (poss'n)
837 pictures, 147 videos, stories Offender was convicted of making available and possession of child pornography. He was found using peer-to-peer software to download and share files online. Materials depicted intercourse with children, some very young. The offender was 43 years old and lost his job as an actor due to media attention. Assessment reported he was not a pedophile, however, was not forthcoming with doctor. Probation (3 years) and SOIRA (10 years) Ordered.
R v Lazore,
2008 ONCJ 578 (CanLII), per Renaud J
ON PC 6 months The offender pleaded guilty to possession of child pornography.
R v Decker,
2008 NSPC 43 (CanLII), per C Macdonald J
NS PC 90 days 4,910 images including duplication and stories Offender plead guilty to possession. He possessed a computer and CDs with images of erotic posing and sexual activity of children. He was 46 years old and the primary caregiver for his disabled mother.
R v Meikle,
2008 ONCJ 441 (CanLII), per Borenstein J
ON PC 3 months The offender pleaded guilty to possession of child pornography and counselling sexual assault.
R v Schneider,
2008 ONCJ 250 (CanLII), per Wong J
ON PC 6 months 689 video clips of videos, 109 were accessible and 85 were unique; prior record of making C.P.
R v Aylesworth,
2008 ONCJ 68 (CanLII), per Bovard J
ON PC S/S 1,000+ images accomplished violinist, undergone therapy
R v Remtulla, 2008 ONCJ 743 (CanLII), per Wong J ON PC 2 years less a day (joint recommendation) 2,943 images, 51 videos Offender was a 40 year old immigrant to Canada. He was remorseful.
R v CP,
2008 NBCA 77 (CanLII), per curiam
NB CA 22 months hundreds of videos and images included images of his own daughters
R v Kostas,
2008 ONCJ 224 (CanLII), per Hearn J
ON PC 90 days + P 50 videos and over 100 images Offender pleaded guilty to possession of child pornography. The offender was 18 years old who admitted to being a pedophile. He admitted collecting for over 2 years. No prior record. Videos were of extreme abuse. The offender was remorseful and appreciated the seriousness of the offence. Crown sought 6 months; defence sought 90 days.
R v Alcorn,
2008 ONCJ 547 (CanLII), per Harris J
ON PC 16 months (global)
14 months (avail)
2 months (poss'n)
437 images Offender pleaded guilty to possession and making available child pornography. Materials depicted children aged 5 to 12 years old engaged in sex acts including intercourse. Some of the materials were stored on CDs. The offender was 19 years old, unemployed, living with his parents, and had limited high school education. Files were downloaded and shared through the use of peer-to-peer software.
R v Gauthier, 2008 QCCQ 13562 (CanLII), per Seguin J QC PC 2 years The offender pleaded guilty to possession and accessing child pornography.
R v LW,
2008 BCPC 281 (CanLII), per MacKay J
BC PC Poss'n (60 days) 26,000 pics 37 years old
R v Gauthier,
2008 ABCA 39 (CanLII), per Cairns J
AB CA 1 year 2,000 pics 100 vids

Unrelated criminal record

R v Pommer,
2008 BCSC 737 (CanLII), per D Smith J
BC SC 9 months CSO 56 images Offender pleaded guilty to possession and access. His step-daughter discovered a hidden camera filming her in bed. Police discovered hundreds of images of step-daughter partially nude on his computer as well as records showing accessing 113 child pornographic websites daily for 4 years. Offender was 39 years old and remorseful. Offence date pre-dates 2005 amendments.
R v Johnson,
2008 SKQB 244 (CanLII), per Chicoine J
SK SC 3 months (possession)
9 months (sexual services)
Offender pleaded guilty to possession and obtaining sexual services of a minor. He met a 14-year-old male who he offered a job at a gas station. There was an exchange of sex for money several times between the ages of 14 and 17. The conduct included masturbation, oral sex and anal intercourse. Several events were video recorded. The offender was 56 years old and had a record for an invitation to sexual touching. Probation (3 years) ordered.
R v Graham,
2008 BCPC 59 (CanLII), per Gordon J
BC PC 1 year 10,000 images The offender pleaded guilty to accessing and possession of child pornography. 3 years probation; age 32; guilty plea; 10,000 images depicting sexual activity; assessment indicated no shame or remorse; diagnosed with paedophilia and personality disorder;  addicted to crystal meth;. high risk to re-offend; no record
R v VH,
2008 YKTC 21 (CanLII), per Lilles J
YK PC 12 months The offender pleaded guilty to possession.
R v Bryant,
2008 ABCA 203 (CanLII), per Watson JA
AB CA 14 months The offender pleaded guilty to accessing child pornography.
Sonshine c. R.,
2008 QCCS 1208 (CanLII), per Charbonneau J
QC SC 3 months CSO The offender pleaded guilty to possession of child pornography.
R v Medina,
2007 QCCA 1395 (CanLII), 2007 QCCA 1396 (CanLII), per curiam
QC CA 12 months 8,677 images, 2,300 videos The offender was convicted of importing and possessing child pornography. He was from the US, passing through Quebec when he was searched. He possessed a USB and CD disc containing child pornography.
R v Roy,
2007 QCCQ 857 (CanLII), per Couture J
QC ?? 16 months The offender pleaded guilty to accessing and possession of child pornography.
R c S.G.,
2007 QCCQ 391 (CanLII), per Dudemaine J
QC ?? suspended The offender was found guilty of possession of child pornography.
R v Vessey,
2007 SKPC 94 (CanLII), per Whelan J
SP PC 18 months CSO The offender pleaded guilty to possession of child pornography.
R v Kwok,
[2007] OJ No 457 (Ont. SCJ), 2007 CanLII 2942 (ONSC), per Molloy J
ON SC 1 year 29 years of age; had been accessing child pornography for over 13 years. Regularly communicated with other pedophiles over the internet; 2000 photos and 60 video clips
R v JJBB, 2007 BCPC 426 (CanLII), per Frame J BC PC 3.5 years The offender pleaded guilty to possession of child pornography, inciting bestiality and sexual interference.
R v Gurr,
2007 BCSC 1586 (CanLII), per Powers J
BC SC 3 months The offender was found guilty of child luring and possession of child pornography.
R v Dienaar,
2007 CanLII 19612 (ON SC), per Hill J
ON SC 9 months CSO 1,000+ Offender pleaded guilty to possession. Materials were found on his computer hard drive, included depictions of intercourse with children. The conduct occurred over 20 months. He was living with his girlfriend and three young children at the time. He was arrested while on bail for violating contact with children and possessing pornography. The offender was 48 years old and employed as an accountant. He suffered from depression. He was remorseful and unlikely to re-offend.
R v Ewing
[2007] OJ. No 1710 (ONCJ)(*no CanLII links)
ON PC 12 months (poss'n)
12 months (making avail)
huge collection including 269 videos for total of 15 hours collection included videos of bondage, bestiality, and torture.
R v Coutu,
2007 CarswellOnt 8648 (Ont. Sup. Ct.)(*no CanLII links)
ON SC 3 years, 2 months 1.9 million CP and related images guilty of possessing and making available CP--“staggering volume” with “horrendous” content, included 1,917,288 images and 16,422 videos, of which 16,084 were photographic images, 44,487 images involving child nudity, 784,415 "other” photographs with children. There were 600 child pornography video clips; 112 of child nudity and 7,742 other video clips involving children
R v Fisher,
2007 NBPC 15 (CanLII), per Cumming J
NB PC Poss'n (8 months)
R v DB,
2007 ONCA 157 (CanLII), per curiam
ON CA 2 years less a day The offender was convicted of sexual assault, interference and possession of child pornography.
R v Strohmeier,
2007 ONCJ 141 (CanLII), per De Filippis J
ON PC 18 months 30,000 pics 378 vids judge went above crown sentence of 12 months; well organized collection; age 48
R v Lehman,
2007 ONCJ 18 (CanLII), per Nicholas J
ON PC Poss'n (90 days) 10 videos membership with a CP website
R v Warn,
2007 OJ No 3581 (Ont. C.J.), 2007 ONCJ 417 (CanLII), per Lane J
ON PC 15 months 25 years old, no record; distribution and possession; over 15,000 photos and 50 videos; positive evidence from psychotherapist
R v CWF,
2006 BCPC 545 (CanLII), per Rounthwaite J
BC PC Poss'n (10 days) 15,000+ images
R v Tait,
2006 BCPC 595(*no CanLII links)
BC PC 6 month CSO The offender pleaded guilty to possession of child pornography.
R v AB,
2006 CanLII 31608 (ON SC), per Dambrot J
ON SC 3 months The offender was convicted of possession of child pornography and sexual exploitation. He was acquitted of sexual assault.
R v Shelton,
2006 ABCA 190 (CanLII), per Fruman J
AB CA 15 months also charged with distribution; downloading since age of 14; collection found was amassed over more than 2 years; sophisticated, organized collection; large volume of images; images of children between 6 and 8; images depict sexual intercourse; appeal of CSO; sexual compulsivity was reportedly high--age 20-22 at time--visited CP websites 3,915 times and downloaded/uploaded 75,000 times
R v Lentzen,
2006 ABPC 283 (CanLII), AJ No 1728 (Alta. P.C.), per Day J
AB PC 6 months 8,800 videos, pics and stories collected for over two years; found items that were possibly used to create videos; assessed as a low-risk to re-offend; had account on CP website, methodical in sorting
R v Neilly,
2006 CarswellOnt 2396 (Ont. C.A.), 2006 CanLII 12699 (ON CA), per curiam
ON CA Poss'n (1 year) also charged with distribution
R v McCrindle,
2006 ABPC 105 (CanLII), per Fradsham J
AB PC Poss'n (1 day) 229 images 8 months remand credit
R v TLB,
2006 ABQB 533 (CanLII), per Moreau J
AB SC 2 years less a day CSO 80 images accused is female with Cerebral Paulsey. Has child who had seen some of the images.
R v Von Gunten,
2006 QCCA 286 (CanLII), per Pelletier JA
QC CA 12 months CSO 30,000 to 40,000 files The offender was convicted of possession of child pornography. Crown appealed sentence.
R v Peterson,
2006 ABPC 177 (CanLII), per Skene J
AB PC 90 days 3800 images also charged with accessing, sought counselling
R v Austin,
2006 BCJ No. 3430 (B.C. Prov.Crt.)(*no CanLII links)
BC PC Suspended Sentence 60 years; was employed with district teacher’s association; no pictures, only stories found; collected over 4 years;
R v Moen,
2006 SKPC 1 (CanLII), per Orr J
SK PC Poss'n (30 days) 473 videos videos ranging from 3 seconds to 1.5 hours; depicts children age 4 to 14 in sexual acts
R v Jakobsen,
2006 BCSC 379 (CanLII), per Stromberg-Stein J
BC SC Pos'n (6 months)
R v Tylek,
2006 ABPC 85 (CanLII), per Fradsham J
AB PC Access (13 month CSO) 850 images also accessed paid CP websites
R c É.C., 2006 QCCQ 6902 (CanLII), per Parent J QC PC 9 months CSO 1,272 images, 358 videos The offender pleaded guilty to possession of child pornography.
R v Lentzen,
2006 ABPC 283 (CanLII), per Day J
AB PC 6 months 8,800 files The offender pleaded guilty to possession of child pornography.
R v Bennett,
2006 OJ No 29, 2006 ONCJ 3 (CanLII), per Pringle J
ON Poss'n (90 days) 11,000 images of CP Offender purchased CP from websites 10 times. 24 years old, no record; supportive family; psychiatric finding that the accused was a pedophile. Total of 37,000 images of CP mixed with child erotica. More than half depicted sexually explicit activity. Some images were "extremely disturbing" (para 6).
R v Sabando,
2005 BCPC 464 (CanLII), per Stansfield J
BC PC Poss'n (1 day) deported back to Philippines
R v Harvey,
[2004] OJ No 1389(*no CanLII links)
ON PC 1 year (luring)
30 days (poss'n)
The offender pleaded guilty to possession of child pornography and luring.
R v Dixon,
2005 CMAC 2 (CanLII), per Letourneau JA
CAN CA 7 days 7 images, 3 videos The offender was found guilty of possession of child pornography.
R c Landreville,
2005 CanLII 60182 (QC CQ), per Lecerte-Lamontagne J
QC PC The offender pleaded guilty to breach of probation and possession of child pornography.
R v Mallett,
2005 CanLII 32927 (ON SC), per Hill J
ON SC Poss'n (1 year CSO) 5,000+ images Offender spent 1.5 years on pre-trial house arrest. Guilty plea. Diagnosed as being a pedophile with a low-to-moderate risk of hands-on offending. He had made 14 purchases of child pornography online.
R v Hildebrandt,
2005 SKPC 35 (CanLII), per Whelan J
SK PC 1 year CSO The offender pleaded guilty to possession of child pornography.
R v Missions,
2005 NSCA 82 (CanLII), per Roscoe JA
NS CA Poss'n (12 months) 63 images
R v LAC, 2005 ABPC 217 (CanLII), 386 A.R. 102, per Daniel J AB PC 10 months The offender pleaded guilty to sexual assault and possession of child pornography.
R v Lea,
2005 OJ No 2665 (Ont.C.A.), 2005 CanLII 22451 (ON CA), per curiam
ON CA Poss'n (6 months) over 10,000 images 53 years, no record; depression; guilty plea;
R v Harlos,
2005 ABPC 118 (CanLII), per Skene J
AB PC Poss'n (8 months) 3162 images 763 videos collecting for months
R v Lonergan,
2005 CarswellAlta 120, 2005 ABPC 23 (CanLII), per McNab J
AB PC Poss'n (8 months) The offender pleaded guilty to possession of child pornography. The materials depicted males and females between the ages of eight and 13 years old. He attempted to minimize the seriousness of the offence and showed no insight into the harm caused by the offence. He had not engaged in any serious attempts at counseling. The offender was 39 years old with no criminal record. Two years probation was ordered. The judge rejected a joint recommendation for a CSO.
R v Paton
2005 NUCJ 7 (CanLII), per Johnson J
NU PC 6 months conditional sentence 2000 images The offender pleaded guilty to possession of child pornography and sexual assault. Materials were found on is laptop. It depicted children between the ages of six and 14 years old, including the depiction of sexual intercourse. One video depicting the accused giving alcohol to a victim until she passed out and then had oral and vaginal sex with her. Offender was 34 years old and part aboriginal. He had a history of substance abuse.
R v GHK,
2005 BCPC 618 (CanLII), per Field J
BC PC 14 month CSO
R v Craig,
2005 ONCJ 47 (CanLII), per Hearn J
ON PC 1 year CSO 2,000 images The offender pleaded guilty to possession of child pornography.

1995 to 2004

Case Name Prv Crt Sentence Amount Summary
R v Zinck,
2004 CanLII 30562 (MB PC), per Devine J
MB PC suspended The offender pleaded guilty to possession of child pornography. He was 41 years-old with no record. He was single.
R v C (J.H.)
2004 BCPC 295(*no CanLII links)
BC PC 1 year The offender pleaded guilty to possession of child pornography and sexual assault (x 2).He was 63 years-old and was in poor health.
R v JJB
2004 BCPC 7 (CanLII), per Gove J
BC PC suspended The offender pleaded guilty to possession of child pornography. He was 18 years-old and mentally disabled.
R v Batshaw,
2004 M.J. No. 249 (MBCA), 2004 MBCA 117 (CanLII), per Huband JA
MB CA 15 months CSO 80 to 100 images age 22; no record;; low risk to reoffend; appealed discharge order, 2003 CanLII 46646 (MB PC), per Devine J.
R v Faget,
2004 BCCA 66 (CanLII), per Rowles JA
BC CA 9 months guilty plea to poss’n for purpose of distrubtion; age 18; no record; remorseful and empathetic; no indication of emotional difficulties; low risk to reoffend; collection was part of adult pornography business; included category 4 material as per R v Missions
R v Starr,
2004 NBQB 296 (CanLII), per Garnett J
NB SC 6 months (poss'n) 18 images, 2 videos The offender pleaded guilty to possession of child pornography. He also had 900 files of adult pornography. One video depicted a young female engaged in oral sex with an adult male. The offender was 35 years old with no record. He was married and had a solid employment history. He suffered from depression.The presentence report included a denial of responsibility and claim that he downloaded the materials as part of a research project to protect children. Three years probation was ordered.
R v Kim,
2004 CanLII 32118 (ON CA), (2004), 181 O.A.C. 88, per curiam
ON CA Poss'n (9 month CSO) large collection Offender pleaded guilty to possession and distribution. He was engaging in sharing of child pornography through peer-to-peer networks. Border-line unsuccessful crown appeal.
R v G.,
2004 NSCA 7 (CanLII), per Cromwell JA
NS CA Making (2 years)
Global (2 years)
see Making Child Pornography Digests for summary
R v Jiggins,
2003 ABPC 75 (CanLII), per Fradsham J
AB PC 13 months CSO The offender pleaded guilty to possession of child pornography. He was 27 years-old.
R v Green,
[2003] OJ No 1314(*no CanLII links)
ON PC 1 year CSO The offender pleaded guilty to possession. There was a joint recommendation.
R v W.C.
[2004] O.J. No 5985(*no CanLII links)
ON SC 3 months
R v McCrady,
2003 ABPC 69 (CanLII), per Caffaro J
AB PC 1 year (poss'n)
The offender pleaded guilty to possession of child pornography and sexual assault.
R v Geller,
[2003] OJ No 357 (Ont. S.C), 2003 CanLII 31190 (ON SC), per Kerr J
ON SC discharge The offender pleaded guilty to possession of child pornography and mischief to data.
R v Woroby,
2003 MBCA 41 (CanLII), per Hamilton JA
MB CA fine and probation
R v North,
2002 ABCA 134 (CanLII), per curiam
AB CA Poss'n (12 months CSO + P) 2,000 pics pictures shared on a computer; overturned fine & probation. Offender had an extensive collection. No prior record.
R v Jordan,
2002 ABPC 114 (CanLII), per Semenuk J
AB PC 3 months CSO The offender pleaded guilty to possession.
R v Hewlett (J.J.),
2002 ABCA 179 (CanLII), per Fraser JA
AB CA Global (3.5 years) The offender set up pornographic website and hired 3 underage teens
R v Schan,
2002 CarswellOnt 511, 2002 CanLII 41613 (ON CA), per curiam
ON CA 18 months CSO  
R v Clinch,
2002 CarswellMan 366, 2002 CanLII 8935 (MB PC), per Garfinkel J
MB PC Poss'n (9 months CSO) prior related record;
R v Lévesque,
2002 CanLII 41137 (QC CA), per Beauregard JA
QC CA suspended The offender pleaded guilty to possession of child pornography and invitation to sexual touching. He was camping with his son when he invited two 10 year-old females to visit. He took photographs of them nude. Probation for 2 years was ordered.
R v Jeffrey
[2002] OJ 3339(*no CanLII links)
ON poss'n (12 months CSO)
R v Fox
[2002] OJ No 3548(*no CanLII links)
ON 16 months (poss'n) large collection included 45 videos and 21 CD. Collection was well organized. Some materials were purchased. Lived with a young son.
R v Steadman,
2001 ABQB 1004 (CanLII), per Gallant J
AB SC 10 months The offender pleaded guilty to possession of child pornography. He called an emergency line reporting his sexual temptation for children. He was 27 years-old and was unemployed. He previously had counselling for his sexual interests.
R v Tyshkewich
(2001) AJ No 1345, 2001 ABPC 196 (CanLII), per Fradsham J
AB PC 20 months CSO 2,500+ files The offender pleaded guilty to possession of child pornography. He was arrested while masturbating. The materials were graphic. He had previously been warned by police for child pornography. The offender was 32 years-old with an unrelated record. He was diagnosed withe pedophilia.
R v Cohen,
[2001] OJ No 1606 (Ont. C.A.), 2001 CanLII 3862 (ON CA), per curiam
ON CA poss'n
distrib
global (14 month CSO)
Offender had no record. Not a pedophile. He lost his job and was forced to move to different community.
R v Pecchiarich,
[2001] OJ No 3940, (S.C.J.)(*no CanLII links)
ON SC 18 months (poss'n) The offender pleaded guilty to possession of child pornography. The materials depicted oral, anal, and vaginal sex between adults and children. The offender was 27 years-old and lived with his mother. He had a record for distribution (2 years suspended sentence). He was pedophile. He had 9 months remand credit.
R v Patterson,
[2000] OJ No 736 (Ont.C.J.)(*no CanLII links)
ON SC 90 days CSO 1,000+ images and video The offender pleaded guilty to possession. He downloaded the files from the internet. He was 31 years-old with family support and a professional career in accounting. He had no record. Probation was ordered.
R v Rideout,
[1998] AJ No 199 (Alta. Prov. Ct.)(*no CanLII links)
AB PC 30 months 22 images was on day parole for sexual offences at time.
R v Stroempl,
[1995] OJ No 2722 (Ont. C.A.), 1995 CanLII 2283 (ON CA), per Morden ACJ
ON CA Poss'n (10 months) 300 pics age 67 years; no record; sentence of 18 months overturned
Term PC SC CA S/S
Defined Provincial
Court
Superior
Court
Court
of Appeal
Suspended
Sentence

Child Pornography (Youth)

Digests

See also: Child Pornography (Sentencing Cases)
Case Name Sentence Summary
R v X,
2016 CanLII 81303 (NL PC), per Gorman J
18 months probation Summary of case is pending.
R v BMS,
2016 NSCA 35 (CanLII), per curiam
18 months probation Summary of case is pending.
R v NG,
2015 MBCA 81 (CanLII), per Cameron JA
12 months C&S, 6 months DC The two offenders plead guilty to possession and distribution of child pornography and transmitting sexually explicit materials. The two bullied and harassed the 14 year old female victim demanding sexually explicit images. Both offenders were on probation for prior offences at the time. The Court of Appeal varied the sentence from 2 years C&S.
R v SB,
2014 BCPC 279 (CanLII), per Dickey J
discharge The offenders exchanged topless photos of classmates. Three of the offenders were also charged with harassment in relation to their attempts to obtain the images. The sentence was a joint recommendation.

Terms:

  • C&S = Custody and Supervision
  • DC = Deferred Custody

Making Child Pornography




See also: Possessing and Accessing Child Pornography (Sentencing Cases) and Distributing and Making Available Child Pornography (Sentencing Cases)

2010 to present

Case Name Sentence Amount Summary
R v JS,
2018 ONCA 675 (CanLII), per Strathy CJ
10 years (making) The offender was convicted of making CP, distributing CP, possession of CP, sexual assault with a weapon, and interference x 3.
R v SCW,
2018 BCCA 346 (CanLII), per Fenlon JA
7 years
R v DM,
2018 ONCJ 423 (CanLII), per Caldwell J
6 years
R v Chicoine,
2017 SKPC 87 (CanLII), per Monar Enweani J
12 years (global) The offender pleaded guilty to possession, access, distribution and making child pornography, luring, and conspiracy to commit sexual assault.
R v MS,
2017 ONCJ 479 (CanLII), per Brown J
2 years (making), 2 years (distrib.), 2 years (poss'n), and 5.5 years (sex assault), 10 years (global)
R v Gardner,
2017 BCPC 85 (CanLII), per Phillips J
2 years (making)
2 years (luring)
see Child Luring (Sentencing Cases)
R v RJ,
2017 MBCA 13 (CanLII), per Mainella JA
R v McLean,
2016 SKCA 93 (CanLII), per Ottenbreit JA
R v DC,
2016 MBCA 49 (CanLII), per Burnett JA
R v Robinson,
2016 ONCJ 306 (CanLII), per Bishop J
2 years less a day (global, concurrent on each)
The offender pleaded guilty to sexual interference, possession of child pornography and making child pornography. An 8-year-old child disclosed that the offender professed his love for her, watched her disrobe, took her to the garage and touched her vaginal area and then took pictures while she peed. The offender was 63 years old and showed a lack of remorse in the offence. The judge also ordered a s. 161 order for 10 years. (Bishop J.)
R v GJM,
2015 MBCA 103 (CanLII), per Mainella JA
18 months (poss'n)
3 years (making)
12 and 15 months (interference x 2)
9 months (voyeurism)
15 months (harassment)
2 and 4 months (breaches x 4)
R v Snook
2013 NBPC 17 (CanLII), per Brien J
18 years (global) The offender played guilty to making child pornography (x 9), making available child pornography (x 2), possession child pornography (x 2), interference (x 13), invitation (x 10), exploitation (x 2), luring (x 4), sex assault (x 3), extortion (x 1) and unlawful use of a computer (x 2). The offender was discovered on-line through his activities in a peer-to-peer file sharing network. An undercover officer engage the offender in the an chat room. It was learned that he had been in communication with a young child and was planning to meet-up with them to sexually assault them. He was arrested before meeting the child. His laptop contained a collection of child pornography including videos and pictures he created that depicted 17 boys that he had varying degrees of contact with. Affirmed on appeal at 2014 NBCA 71 (CanLII), per JA.
R c Liesiewicz, 2014 QCCA 1673 (CanLII), per curiam 8 years (extortion)
4 years (making, distrib, luring)
12 years (global)
The offender pleaded guilty to making child pornography (x 24), distribution of child pornography, luring (x 19), extortion (x 22), harassment, unauthorized use of a computer. He made contact with young females between the ages of 13 and 19, most under 18 years-old, using a false identity. He would trick them into sexual performances online which he would record. He would then threaten to distribute the videos if they did not do more for him. He would distribute some images to show that he was serious. The females would cry and beg that he not distribute them. He approached 200 females and was successful in relation to 25 females.
R v Brunton,
2014 ONCJ 120 (CanLII), per Harris J
90 days (making)
12 months (distrib.)
The offender pleaded guilty to making, possessing and distributing child pornography. He made voyeurism videos in the shower room of teenage boys. He befriended a 15 year old male over 3 years and convinced the victim to send sexually explicit videos of himself to the accused. The accused sent 4 images of the victim to 4 people by email. He had no prior record.
R c Bertrand,
2014 QCCQ 5233 (CanLII), per Boyer J
60 months (global) 21,184 images, 1,466 videos, 2 texts The offender pleaded guilty to possession, making, distributing child pornography as well as luring (75 counts in total). He was found in a peer-to-peer file-sharing network by police. A residential search discovered devices containing child pornography. There were 13 videos that he made of himself masturbating and ejaculating onto images of young girls. 312 chat logs were discovered recording how he would recruit young girls online by impersonating a recruiter for a modeling agency. He would then have them do sexual performances on webcam. He would also chat with others who share child pornography. It was discovered that after his charges he continued to access child pornography by going to public wifi access points. The offender was 54 years-old and a father of two adult children. He had a PhD in engineering and was regularly employed in the field.
R v Lauzon, 2014 QCCQ 179 (CanLII), per Parent J 90 days The offender pleaded guilty to making child pornography. He was an amateur photographer and had convinced a 17 year old to pose topless. He took several such photographs. He never touched the victim. The police learned of the incident when the mother found out. The police found 1,400 images of child pornography on his computer and camera. The full size of the collection was not proven. The offence was found by the judge to be on the "low end" of the scale.
R v White,
2013 CanLII 9507 (NL SCTD), per Stack J
12 months (making)
12 months (luring)
Offender met 16 year old on-line, got her to masturbate over webcam, offender recorded it. It was a joint recommendation.
R v AM, 2013 ONSC 6174 (CanLII), per Cornell J 2 years less day (making)
2 years (poss'n)
The offender was found guilty of possession, making and making available child pornography. He had installed a surveillance camera in his 12 year-old step-daughter's room to help her with nightmares. He took topless photographs of the child while she slept. Upon police examining his computer devices a collection of child pornography was found that had been downloaded through peer-to-peer software.
R v R.(M.),
2014 CanLII 12202 (NL SCTD), per Whalen J
6 months The offender pleaded guilty to making child pornography.
R v Logan,
2013 NBPC 6 (CanLII), per Brien J

Making (18 months)
Sex assault (8 months)
Invitation (4 months)
Global (2.5 years)

469 images The offender pleaded guilty to making child pornography as well as sexual assault in invitation to sexual touching. He was taking care of a 10 year-old child who was the child of his friends. He attempted to get her to touch his penis. He touched her and took many pictures of her naked with his cell phone. Child reported incident to school officials. This phone contained over 450 images of child pornography including 44 of the victim nude. The offender was 28 years old with no record. He was "low functioning".
R v JSM, 2013 ABPC 296 (CanLII), per Ogle J The offender pleaded guilty to making child pornography.
R v BCM,
2008 BCCA 365 (CanLII), per Neilson J
making (3 years)
poss'n (1 year) interference (3 year)
global (6 years)
The offender was the step-father of four girls between the ages of 1 month and 6 years. He engaged in a highly sexualized lifestyle and taught the children to be comfortable with nudity. He was sexually involved with two of the older daughters. They performed oral sex, digital penetration, masturbation, and he put his penis against one girl’s labia. There were about 15 such incidents with each girl. He took photos of the sexual activity and one 10-minute-long video. The mother caught the offender once who promised not to do it again, however, he continued anyway. Psych report stated he was high risk to reoffend if allowed around children.
R v PM,
2012 ONCA 162 (CanLII), per Rosenberg JA
5 years (sex offences)
1 year (child porn)
The offender pleaded guilty to sex assault, incest, interference, making and possessing child pornography, and careless storage of a firearm. He was found to have had vaginal and anal intercourse with is 13 to 14 year old daughter a total of 10 times over 13 months. Search of his computer revealed 1,837 images of child pornography depicting oral and vaginal sex. Certain videos showed the offender masturbating on the victim and engaged in intercourse with her. One video shows victim "begging" for him to stop. The offender was 37 years old and a member of the military. He was diagnosed with PTSD and depressive disorder.
R v A.R.C.
2012 ABPC 252 (CanLII), per Johnson J
5 years (interference)
1 to 2 years per child (making)
2 years (distr)
18 months (poss'n)
12 years (global)
also sentenced for interference, possession--over several years had intercourse with daughter, filmed it and shared it over internet.
R v Tettersell,
2012 ABCA 57 (CanLII), per curiam
2 years (poss'n)
2 years (making)
2 years (distr)
2 years (interference)
global (8 years)
Offender had a collection of thousands of CP images as well as videos and stories. He was involved in "large scale" sharing online. OFfender took sexually explicit videos and photos of a child between 7 and 9 years old which he traded online. He also revealed child's name to others online. He was in a position of trust to the child. Offender cooperated with police. He plead guilty but minimized his responsibility. Psych report stated he was high risk to re-offend.
R v Bridgeman
2011 ONCJ 117 (CanLII), per Harris J
Poss'n (6 months)
luring (18 months)
R v St Michael
2011 ONSC 449 (CanLII), per Ray J
Global (4 years)
making (4 years)
3 years (interference and exploitation)
Offender pleaded guilty to making child pornography, sexual exploitation and interference. Offender was dating the victim's mother. He offered victim, then 13 years old, a job at his radio station. Sexual encounters ensued involving oral sex and intercourse. There was intercourse a total of 15 times. He groomed her with alcohol, money and cigarettes. He made a video of her giving him oral sex. The offender was 35 years old with no record. He was not remorseful. SOIRA (20 years) and 161 Order (10 years) was ordered.
R v BSM,
2011 ABCA 105 (CanLII), per Cote JA (2:1)
6 years (interference)
1 year (making)
The offender pleaded guilty to interference and making child pornography. He groomed his 15-year-old step-daughter with weed and pornography and then engaged in unprotected intercourse with her. He photographed the activities. The offender was 43 years old.
R c GC,
2011 QCCQ 13551 (CanLII), per LaMontagne J
66 months (global) The offender pleaded guilty to voyeurism, sexual inteference, and making child pornography.
R v Butler,
2011 NLTD 5 (CanLII), per Goulding J
18 months (poss'n)
15 months (making)
3 months (careless)
The offender pleaded guilty to possession and making child pornography and careless storage of a firearm. The offender was 43 years old. The sentence was as a joint recommendation.
R v Gilbert
2011 NBPC 10 (CanLII), per Brien J
15 years (global)

Seven years (interference)
7 years (Exploitation)
three years, eight months (making)
2 years (possession)
1 year (sex assault)

The offender pleaded guilty to making (x 5), possession (x 1), sexual assault (x 1), sexual interference (x 3) and exploitation (x 1). Over 11 years, the offender groomed and had intercourse with six boys ages 4 to 16 years old. He met the boys through friends and neighbors, one victim was under his care. He would give them drugs and alcohol to the children. In one case, the child would pass-out before he would assault him. The offender engaged in unprotected sexual intercourse with several victims. The offender filmed his encounters. The offender was 40 years of age and had an unrelated record. He had some post secondary education. He was married twice. He denied being a risk or needing treatment.
R v Mathieson
2010 ONCJ 616 (CanLII), per Nadel J
16 months (poss’n); 12 months (making) 1,774 pictures also charged with making; was found printing images at store
R v F(DG)
2010 ONCA 27 (CanLII), per Feldman JA
making (?)

global (7 years)
Offender engaged in online chat with undercover officer where he shared images of child pornography. The images included those of his 4 year old daughter, which he described sexually assaulting her. He also initiated a video chat with officer and sexually assaulted his child live online. Offender was arrested and was found in possession of thousands of videos and images of child pornography, which included sexually explicit activity and bondage.
R v LMR,
2010 ABCA 286 (CanLII), per curiam
3.5 years (interference)
1 year (making)
1 year (bestiality)
The offender pleaded guilty to making child pornography, bestiality, and sexual interference. She was convinced to sexually exploit her new born daughter for him to film. There was no physical injuries or penetration of the child. The offender had a terrible upbringing which included abuse and work as a juvenile prostitute. He has substance abuse problems and a low intelligence. She was a low risk to re-offend. Section 161 order (15 years) was made.
R v PJB,
2010 ABCA 49 (CanLII), per Watson JA (2:1)
1 year (making/distrib) also charged with sex interference--global sentence of 4 years--mother using daughter to make CP for boyfriend
R v BCL,
2010 BCCA 183 (CanLII), per Mackenzie JA
4 years The offender pleaded guilty to making child pornography and sexual interference.
R v P.M.V.
2010 BCCA 34 (CanLII), per Hall JA
poss'n (2 years less a day)
R v Brandridge,
2010 ONCJ 450 (CanLII), per Blouin J
3 years (making and poss'n)
2 years (making)
5 years (global)
35,000 images, 485 videos The offender pleaded guilty to possession, distributing and making child pornography. He was sharing his collection with persons online in chatroom. He also made child pornography by taking pictures of two females in his care while they were asleep. One picture showed his penis near one child's face. He worked as a computer repairman and copied images of children from client's computers. The offender was 45 years old with no record. Judge adopted Crown recommendation which he found to be on the low end of the range. SOIRA order for 10 years was made.

2000 to 2009

Case Name Sentence Amount Summary
R v Golden,
2009 MBCA 107 (CanLII), per Freedman JA
18 months (making)
12 months (luring)
Offender pleaded guilty to luring and making child pornography. He posed as a model recruiter and convinced two 14 year-olds and a 15 year old meet with him in a hotel. They agreed to engage in sexual activity including nude modelling and oral sex on him while he filmed it. He agreed to pay them $1,000. The offender was 27 years old and remorseful.
R v Grant
2009 BCCA 282 (CanLII), per Donald JA
4 months 4 pics took polaroid photos of 4 year old child, 6 images showed genitals
R v DL,
2009 BCPC 267 (CanLII), per Blake J
18 months The offender pleaded guilty to making child pornography, sexual interference and sexual assault.
R v Smith
2008 CanLII 59107 (ON SC), per Clark J
21 months
R v Pike,
2008 ONCJ 484 (CanLII), 2008 CarswellOnt 6077, per Devlin J
2 years (making)
2 (poss'n)
10 years (inteference)
14 years (global)
The offender pleaded guilty to making and possession of child pornography and sexual interference (x 8). Over 4 years he befriended 8 children through babysitting work. he would take them out on trips where he would sexually assault them while they were sleeping. He photographed and filmed the abuse. He was also found in possess of a large collection of child pornography.
R v Retulla,
2008 ONCJ 743 (CanLII), per Wong J
2 years less a day The offender pleaded guilty to making (x 2) and possession (x 3) of child pornography.
R v LM, [2008] 2 SCR 163, 2008 SCC 31 (CanLII), per LeBel J 5 years 5,300 images, 540 videos The offender pleaded guilty to possession and distribution of child pornography. He was found guilty of making child pornography and sexual assault.
R v WD,
2008 ABPC 290 (CanLII), per Van de Veen J
3 months The offender pleaded guilty to making and possession of child pornography, interference, overcoming resistance, and invitation to sexual touching.
R v Debidin
2008 ONCA 868 (CanLII), per Watt JA
6 months
R v BCM, 2008 BCCA 365 (CanLII), per Neilson JA 3 years The offender pleade guilty to making and possession of child pornography and sexual interference.
R v D.(B.)
2008 ONCJ 21 (CanLII), per MacDonnell J
2 years The offender pleaded guilty to sexual assault (x 1), making child pornography (x 2), incest (x 1), and exploitation (x 2).
R v Shablak,
2007 NLTD 37 (CanLII), per O’Regan J
The offender pleaded guilt to possession (x 2) and making child pornography (x 5).
R v AR,
2007 ONCJ 497 (CanLII), per Bourque J
18 months + 24 months prob. 12,000 images and 100 videos The offender plead guilty to interference, making child pornography and possession of child pornography. Some of the videos were made by him depicting the victim of the sexual interference. The victim was his grandchild to which he had a position of trust. [per Bourque PCJ]
R v BCM,
2007 BCPC 438 (CanLII), per Challenger J
3 years The offender pleaded guilty to possession and making child pornography and sexual interference (x 2).
R v Innes
2007 ABPC 237 (CanLII), per Wheatley J
2 years also charged with luring and extortion
R v Clemens,
[2006] OJ No 3830 (S.C.J.)(*no CanLII links)
2 years less a day The offender pleaded guilty to possession, distribution and making child pornography and sexual assault.
R v RAB
2006 BCPC 367 (CanLII), per Lytwyn J
1 year The offender pleaded guilty to possession and making child pornography.
R v Walsh,
2006 CanLII 7393 (ON CA), per Armstrong JA
The offender pleaded guilty to distribution and making child pornography.
R v L.A.W.
2006 SKPC 98 (CanLII), per Dyck J
1 year 6 images 6 images of his 9 year old daughter and the Complainant’s step daughter; admitted oral sex with daughter, also convicted of sex assault(2 years)
R v Horvat,
2008 ONCA 75 (CanLII), per curiam
18 months The offender was convicted of possession and making child pornography. Affirming 2006 CanLII 25409 (ON SC)
R v Fulton,
2005 ABCA 423 (CanLII), per Conrad JA
14 months The offender pleaded guilty to making child pornography.
R v LM,
2005 CanLII 39983 (QC CQ), per Wilhelmy J
5 years (making)
5.5 years (distrib)
15 years (global)
5,000 images, 500 videos The offender was found guilty of making, distributing and possession of child pornography and sexual assault.
R v Gallant
2004 NSCA 7 (CanLII), per Cromwell JA
2 years (making)
2 years (poss'n)
1 year (sex assault)
1 year (touching)
8 years (global)
The offender pleaded guilty to sexual touching (X 5), sexual assault, making child pornography and possession of child pornography. The offenders girlfriend found several Polaroid photographs of young girls between five and eight years old closing in various states of undress. She recognize several children including her own daughter. One photographed showed the accused exposing his penis next to you sleeping girl.when confronted, the offender admitted to touching the children with his hands and penis. The police investigation revealed three other children in the neighborhood we're also assaulted by him while they slept. Search of his computer revealed 1500 images of child pornography. Two years (possession) two years (making). The offender was designated an LTO with 10 years supervision and delayed parole to half the total sentence.
R v Kasam,
2004 ONCJ 136 (CanLII), per Reinhardt J
1 year CSO The offender pleaded guilty to possession and making child pornography.
R v G.P.
2004 NSCA 154 (CanLII), per Bateman JA
6 months (bawdy)
6 months (procure)
6 months (making)
6 months (poss'n)
9 years, 10 months (global)
100 images, streaming video The offender pleaded guilty to sexual exploitation, keeping a common bawdy house, procuring, permitting sexual activity, and possesssing, making and distributing child pornography.

He ran an online sex trade service using his daughter and several other females under the age of 18 years. She would pose and perform sex for live internet shows. He received "substantial financial returns" from this service. A joint recommendation for global sentence for 30 months was rejected.

R v Weber
2003 CanLII 28579 (ON CA), per Feldman JA
14 months CSO
R v Hunt,
2002 ABCA 155 (CanLII), per curiam
15 months The offender pleaded guilty to making child pornography. He was hired to photograph women for a child pornography website. His employer recruited females between the ages of 15 to 17, despite being told that the job would not involve child pornography.
R v Hardy,
2002 CanLII 40893 (MB PC), per Giesbrecht J
1 years The offender pleaded guilty to possession, distribution and making child pornography. Probation for 3 years was ordered.
R v Hewlett,
2002 ABCA 179 (CanLII), per Fraser CJ
3.5 years The offender was found guilty of possession and making child pornography.
R v H. (M.),
2002 BCCA 248 (CanLII), per Esson JA
9 months CSO The offender pleaded guilty to sexual assault and making child pornography.
R v Hodgkins,
2001 BCPC 413 (CanLII), per Pothecary J
9 months The offender pleaded guilty to sexual assault and making child pornography. He recorded his 13 year-old step-daughter bathing, changing and sleeping. He touched the victim's breasts. The offender was 54 years-old with a post-secondary education and no record.

1995 to 1999

Case Name Sentence Amount Summary
R v Caza,
1996 CanLII 8392 (BC CA), per Goldie JA
18 months (making)
R v Jewell
1995 CanLII 1897 (ON CA), per Finlayson JA
5 years (making)
1 year (poss'n)
3 years (counselling)
5 years (global)
The offender pleaded guilty to making child pornography, possession of child pornography (x 2), and invitation to sexual touching (x 5). He convinced several children into his apartment to make pornographic videos for money. The children were as young as 11 years-of-age. The videos were kept for personal use. He was cooperative with police. The offender was 61 year-old.
Term PC SC CA S/S
Defined Provincial
Court
Superior
Court
Court
of Appeal
Suspended
Sentence

Distribution of Intimate Images

Case Digests

Case Name Sentence Summary
R v Haines-Matthews,
2018 ABPC 264 (CanLII), per Fradsham J
5 months + 12 months probation
R v JB,
2018 ONSC 4726 (CanLII), per Leach J
16 months CSO
3 years probation
R v AC,
2017 ONCJ 317 (CanLII), per Leach J
5 months "The male offender, a 32 year old with no criminal record, was in a relationship with the female victim during the course of which, and with her consent, he took intimate videos and nude photographs of her. After the relationship ended, the offender, without consent, posted on three websites those videos and photographs together with derogatory comments. The victim’s name was posted with the images and her face was visible on some of the images."[3]
R v JS,
2018 ONCJ 82 (CanLII), per Ghosh J
18 months "They were dating and agreed to occasionally video record their sexual activity. None of the videos were intended for public view. After a time she found the cameras unsettling and declined to participate in further recordings. Then she began finding hidden cameras. At one point she located on his laptop publicly posted videos of their sexual activity. Her name was tagged. She demanded that he fix it. He said that he would and, instead, continued to post videos of their sexual activity on a variety of online platforms. Then strangers began contacting her." Joint Submission.
R v PSD,
2016 BCPC 400 (CanLII), per Sudeyko J
Suspended, 2 years probation The offender took pictures of a female that he had been in a relationship with and sent it to two friends. The photos were of the victim partially clothed and her bare breasts were visible. The photos were blurry and hard to make out the subject. The Crown asked for 90 days jail.

Permitting or Procuring Sexual Activity

Case Digests

Sexual Assault

Sexual Assault

Touching or Attempts

Full Intercourse

Sexual Assault with Weapons or Injuries

Other Specific Types of Sexual Assaults

Assault by Medical or Legal Professionals

Case Name Prv. Crt. Sentence Summary
R v Buckingham,
2008 NLTD 12 (CanLII), per Adams J
NL SC 7 years Offender had 5 months remand credit. Offender convicted of 5 counts of sexual assault, one count assault on his patients and 6 counts of trafficking in prescription drugs. He was giving drugs in exchange for sex.
R v West,
2007 ABCA 67 (CanLII), 2007 CarswellAlta 236 (Alta.C.A.), per curiam
AB CA 12 months jail The offender was a nurse who touched a patient's breast and put her hand on his genitals until he ejaculated. The patient was semi-conscious at the time. He plead guilty and was remorseful.
R v Bedard,
2001 CanLII 8536 (ON CA), 2001 CarswellOnt 1706, (Ont.C.A.), per Moldaver JA
ON CA 12 months The offender was a chiropractor who sexually assaulted 9 of his patients.

Sexual Interference and Sexual Assault on persons under 16


Sexual Assault of Person Under 16

See also: Sexual Assault (Sentencing Cases)

Touching and Other Related Act

2010 to present

Case Name Prv. Crt. Sentence Summary
R v SCW,
2019 BCCA 405 (CanLII), per Goepel JA
BC CA 7 years
R v SPS,
2019 BCPC 158 (CanLII), per Gouge J
BC PC 15 months
R v CFY,
2019 NSSC 178 (CanLII)(complete citation pending)
ON SC 30 months
R v DL,
2018 ONSC 3409 (CanLII)(complete citation pending)
ON SC 6 months "where on two occasions, on one evening the offender had the complainant, a six-year-old child, the niece of his common law spouse, sit on his lap where he fondled her vagina without digital penetration. He was not remorseful."
R v JE,
2018 NSPC 4 (CanLII)(complete citation pending)
NS PC
R v WP,
2018 NLSC 113(complete citation pending)
NL SC 6 months (global) "the offender was convicted of two counts of sexual assault under s. 271(1)(a) and one count of sexual interference under s. 151(1)(a) of the Criminal Code. That case involved a grandfather committing two distinct acts several years apart: first, touching his granddaughter over clothing on her vaginal area while they were snowmobiling and, second, touching her under her

clothing on her vaginal area while he was teaching her how to drive. A Conditional Sentence Order was rejected, and he was sentenced to two months for the first offence and four months on the second, to be served consecutively."

R v IC,
2017 BCPC 2 (CanLII), per Doulis J
BC PC 22 months The offender sexually assaulted two young females, aged 13 and 14 during the 90s. The acts involved attempted intercourse. The judge rejected a Conditional Sentence.
R v GHE,
2017 NSSC 281 (CanLII)(complete citation pending), per Lynch J
NS SC 6 months There were "acts committed against his young daughter. The offender touched his daughter while she was between the ages of three and five years. He touched her genital area “a few times”"
R v GF,
2016 BCPC 173 (CanLII), per Bagnall J
BC PC 9 years, 11 months (global)
The offender was convicted of sexual touching of a person under 14, sexual assault causing bodily harm, and distributing child pornography. He abused a child over 9 years starting when the child was 6 years old. He was in a position of trust as an "equivalent of a grandfather". When the victim was 14, the offender sexually assaulted him causing bodily harm by penetrating him anally. He took sexual photographs made when the victim was 13 and 14.
R v Stuckless,
2016 ONCJ 338 (CanLII), per Greene J
ON PC 6.5 years Over a period of 30 years, the offender volunteered and worked with children allowing him to sexually assault over a dozen children. He had previously been sentenced in 1998 in relation to 24 victims assaulted during the same period of time. [Per Greene PCJ]
R v RRI,
2016 NSPC 66 (CanLII)(complete citation pending), per Gabriel J
NS PC 1 year "the offender, who was 52 years old, and unemployed as a result of a stroke, pled guilty to committing sexual assaults of his teenage biological daughter over a period of seven years. The young girl was groomed by the offender, who fondled the victim’s breasts and genitals while giving her massages as well as inciting her to send nude pictures of herself to him."
R v IPW,
2016 ONSC 5919 (CanLII)(complete citation pending)
ON SC 18 months "the Court imposed an 18-month period of incarceration in circumstances that were somewhat similar to these offences, but also included more severe touching, such as touching of the young girl’s vaginal area and an occurrence involving what was described as a “humping motion” by the accused. These incidents occurred over a four-year period and included more than 50 occasions of touching of breasts and vaginal area over clothing."
R v SJP,
2016 NSPC 50 (CanLII), per Ross J(complete citation pending)
NS PC 5 months "the Court reviewed a number of sentences issued for s. 151 offences. One of these cases was the unreported decision in R. v. Sawlor, where the accused pleaded guilty to sexual interference of his three-year-old granddaughter. On multiple occasions over a three-month period, while babysitting, he touched and rubbed the child’s vaginal area with his hand. The accused had an excellent Pre-Sentence Report and an extensive history of employment and community involvement. He also had a serious problem with alcohol abuse. The family was highly impacted by the conduct. The accused was sentenced to four months of incarceration."
R v KWP,
2016 MBQB 99 (CanLII), per McKelvey J
MB SC 30 months The offender was convicted of sex assault and interference upon his granddaughter. He touched 4-year-old daughter multiple times and performed cunnilingus once.
R v Melendez,
2016 BCPC 91 (CanLII), per Harris J
BC PC 2 years less a day The offender was a foster parent to the 8-year-old victim. He touched her vaginal area, inserted his fingers into her vagina, kissed her with his tongue, and attempted full intercourse. He was 70 years old at the time of sentencing. He suffered from "diabetes, high cholesterol, failing eyesight and high blood pressure" as well as depression. A psychological assessment reported the offender as evasive and blamed victim. Judge also ordered s. 109 Order, DNA, SOIRA (life) and a s. 161 Order.
R v IGL,
2015 NSSC 277 (CanLII)(complete citation pending)
NS SC 3 years
R v Sidwell,
2015 MBCA 56 (CanLII), per Steel JA
MB CA 4 years The offender sexually assaulted a 14-year-old boy. Sexual acts included masturbation, oral and anal sex.
R v LO,
2015 ONCJ 289 (CanLII), per Felix J
ON PC 14 months + 3 yrs prob. The offender pled guilty of sexual interference of his granddaughter. He sexually touched the victim multiple times over 2 years. The victim was between the age of 3 and 5 years old. He had no prior record.
R v JVS,
2015 NSPC 73(complete citation pending)
NS PC 43 months
R v AA,
2015 ABQB 376 (CanLII), per Read J
AB SC 8 years The offender pleaded guilty to four counts of interference.
R v FEH,
2015 BCSC 175 (CanLII), per Abrioux J
BC SC 38 months The offender sexually assaulted his step-daughter and her friend during several incidents. Conduct included fondling, digital penetration and having the victims touch his penis.
R v Akbari,
2014 ONSC 5198 (CanLII), per O'Marra J
ON SC 9 months CSO Offender found guilty at trial of sexual assault of his girlfriend's 13-year-old daughter. Conduct consisted of a singular transitory incident of touching of the victim's chest and one attempt to touch her genitals. The offence occurred in the girlfriend's home and had a significant impact on the victim. There was a "quasi-position of trust". The offender had no criminal record.
R v SGB,
2014 ABQB 540 (CanLII), per Yamauchi J
AB SC 2 years less a day The offender pleaded guilty to sexual interference. Over a period of 10 years, starting in 1988 when the victim was 5 years old, the offender fondled the victim's chest and genital area. The victim did not disclose the incident until she was a teenager.

He was 61 years old with a criminal record relating to impaired driving. The judge also ordered a s. 110 order.

R v Ralph,
2014 BCSC 467 (CanLII), per Romilly J
BC SC 2 years less a day CSO The offender was a female teacher who pled guilty to sexual interference in relation to a former male student who was between 11 and 13 years old. The conduct included kissing, touching, cuddling and oral sex. The events caused significant harm to the victim. It was a relationship of trust.
R v Medeiros,
2014 ONCA 602 (CanLII), per curiam
ON CA 5 years offender sexually assaulted young person over several years. No penetration involved. Exploited victim by giving alcohol and drugs. He was in a position of trust to a vulnerable victim.
R v Desjarlais,
2014 MBQB 224 (CanLII), per Greenberg J
MB SC 2 years less a day + prob. The offender was convicted at trial of sexual assault and sexual exploitation. He sexually abused a 15-year-old victim over several months. He was 60 years old and an aboriginal healer.
R v MM,
2014 MBPC 23 (CanLII), per Curtis J
MB PC 6 years offender sexually assaulted his grand-daughter who was between ages 10 and 14. Acts included touching and oral sex.
R v Walker,
2014 MBQB 82 (CanLII), per Simonsen J
MB SC 3 years The offender was convicted for sexual assault against a 4-year-old neighbour. The prohibited conduct included oral sex and anal intercourse. He was 72 years old.
R v DJM,
2014 NSSC 958, per Cacchione J
NS SC 4.5 years
R v GKN,
2014 NSSC 150 (CanLII), per Cacchione J
NS SC 18 months (global) The offender was found guilty of six counts interference and three counts sexual assault in relation to his step-daughter. "The offender, who was 60 years old had masturbated in the presence of his stepdaughter and had touched her inappropriately with his lips, penis and hands. The offender was convicted following a trial before a jury. He had a dated prior conviction for a related offence and was ordered to serve a sentence of 18 months of imprisonment followed by three years on probation;" [4]
R v LAD,
2014 MBQB 1 (CanLII), per McCawley J
MB SC 18 months offender groped mentally disabled 11 year old grand-daughter outside of her clothes. The offender had a long related record.
R v RRB,
2013 BCCA 224 (CanLII), per Prowse J
BC CA 4 years offender touched / fellatio of a minor
R v JBO,
2013 NSCA 97 (CanLII), per Farrar JA
NS CA 90 days (interference)
6 months CSO (exposure)
The offender plead guilty to exposure and interference towards his 9-year-old grand-daughter and a second child of similar age. The conduct included touching each other's genitals, making her touch herself, and would "blow kisses" on her bum and vagina. He would also invite her to touch his penis while in the tub. No penetration was involved. He was 70 years old at the time of sentence. He expressed great remorse. He was assessed as "low" risk. The sentencing judge ordered 90 days jail for the interference and 9 months CSO for exposure. Per Farrar JA
R v JP,
2013 NSSC 65 (CanLII), per Murray J
NS SC 1 year (global)
1 year (sexual assault)
1 year (interference)
6 months (invitation)
+ 18 months prob.
The offender pleaded guilty to sexual interference, invitation to sexual touching, and sexual assault. Over 6 years, he sexually assaulted a victim starting at the age of 6. The conduct included kissing and progressed to sitting on his lap, putting his hand up her shirt and down her pants under her clothing. He was 63 years old and had no previous record.
R v WRM,
2013 NSSC 392 (CanLII)(complete citation pending)
NS SC 5 months A "22-year-old offender who pled guilty to a sexual interference charge. He had a sexual relationship with the 14-year-old victim, which included sexual intercourse. He had several prior convictions as well as a Youth Court conviction for a sexual assault."
R v McLean,
2013 ONCJ 23 (CanLII), per Harris J
ON PC 4 years Offender charged with break and enter and sexual interference.
R v Rennie,
2013 BCSC 909 (CanLII), per Fenlon J
BC SC 22 months The offender sexually assaulted two young children over 6 months. The conduct included fondling, rubbing of the buttocks and kissing. He had issues with mental health and substance abuse.
R v RR,
2013 SKPC 83 (CanLII), per Bazin J
SK PC 18 month conditional sentence, 12 months probation
R v TMK,
2013 NSPC 134 (CanLII), per Whalen J
NS PC 3 months CSO, 2 years probation Offender played guilty to sexual assault in relation to a 13-year-old victim. They were two separate incidents that involved kissing and touching of genitals. The offender was a family friend, creating a relationship of trust. The offender was 19 years old at the time and had no prior record.
R v Hall,
2013 ABQB 418 (CanLII), per Acton J
AB SC 3 months [Per Acton SCJ]
R v Michelin,
2013 SKQB 390 (CanLII), per Dawson J
SK SC 1 year (global) Offender touched two underage females, one who is cognitively impaired. Offender touched the breasts and vaginal area of each girl for a few seconds and asked for sex. The offender was 61 years old and divorced with no children. He had a prior related conviction from 14 years prior.
R v S.C.
2012 CanLII 78017 (NL SCTD), per Stack J
NL SC 30 months Grandfather convicted of historical sexual assault over 10 years of granddaughter while she was between 5 and 14 years old. Offender touched victim in a sexual manner 6 times. Convicted of sexual assault (30mo), interference (9mo), and invitation (18mo).
R v JR,
2012 SKPC 167 (CanLII), per Bazin J
SK PC 14 months father touches 14 year old daughter in vaginal area, no digital penetration
R v WAC,
2012 SKQB 415 (CanLII), per Scheibel J
SK SC 16 months offender lives in house with family including 7 year-old victim, he grabs her and touches her vagina under her clothes--long prior record of breaches and violence--difficult time on remand
R v Biss,
2012 ONCJ 604 (CanLII), per Bovard J
ON PC 14 months high school teacher sexual assault of female student aged 16 -- "fondling, mutual oral sex and masturbation...attempted sexual intercourse several times...penetrated the victim’s vagina with his fingers."
R v GB,
2012 ABPC 214 (CanLII), per Bascom J
AB PC 2 years less a day over seven years touched and performed fellatio on a child aged 5 to 12.
R v LTT,
2012 SKPC 143 (CanLII), per Matsalla J
SK PC 6 months + Pr Offender spread legs of 10-year-old female victim and touched her by rubbing her vagina over her bed clothing for a few minutes. The offender was 29 years old at the time. The victim was the child of a friend of the offender's father. An assessment said he was low risk of offending.
R v Butt,
2012 ONSC 4326 (CanLII), per Code J
ON SC 6 to 12 months lured a 12 year old boy into apartment performed fellatio while he was HIV positive
R v Therrien,
2012 SKPC 121 (CanLII), per Gordon J
SK PC 18 months historical sexual assault, touching and digital penetration of two children in 1980s.
R v TEM,
2012 CanLII 43821 (NL SCTD), per Faour J
NL SC 3 years sexual interference of 11 year old girl
R v Archibald,
2012 ABCA 202 (CanLII), per curiam
AB CA 12 months sexually assaulted two 14 year old boys once each. The first boy was fellated by the offender, and then masturbated in each other's presence. The second boy was fondled and asked if the offender could "jerk him off", but instead they masturbated in front of each other. A third boy was sexually assaulted at winter camp when offender put his hand down the boy's pants and touched his penis. Historical sexual assault--CSO overturned
R v MacIsaac,
2012 CanLII 29422 (NL SCTD), per Seaborn J
NL SC 12 months x 2 victims The offender was guilty of touching of genitals and buttocks of two children over a period of time. He was also convicted of uttering threats to the victims (3 months each). The global sentence was 27 months.
R v CH,
2012 ONSC 3352 (CanLII), per Warkentin J
ON SC 3 years father touching daughter, forced oral sex
R v JRA,
2012 MBCA 48 (CanLII), per Chartier JA
MB CA 5 years The offender sexually assaulted his 4 year old daughter including giving oral sex over 3.5 years
R v AS,
2012 CanLII 25903 (NL SCTD), per Seaborn J
NL SC 12 months grandfather touched two adolescent children above and under their clothes--health problems
R v HDB
2012 ABQB 234 (CanLII), per Sullivan J
AB QB 5 years offender was 37-year-old labourer--victim assaulted 7-year-old step daughter multiple times, including oral sex and touching
R v Palacios,
2012 ONCJ 195 (CanLII), per Rutherford J
ON PC 2 years less a day historical sexual assault
R v LML,
2012 ABPC 84 (CanLII), per Anderson J
AB PC 12 months (JR) sexual interference
R v SAF,
2012 ABPC 60 (CanLII), per Ogle J
AB PC 48 months grandfather sexually assault grand daughter, oral sex, two incidents, found to be in loco parentis
R v CW,
2012 CanLII 10660 (NL SCTD), per Goodridge J
NL SC 6 months 90 year old offender touched child in vaginal area over clothes
R v Vuradin,
2012 ABCA 55 (CanLII), per O’Brien JA (2:1)
AB CA 27 months digital penetration
R v TRO,
2012 ABPC 130 (CanLII), per Fradsham J
AB PC 6 months + prob.
R v Hope,
2012 CanLII 2673 (NL SCTD), per Stack J
NL SC 30 days & 12 months two victims, first was 11 years old and was asked for sex, the second was 14 and offender attempted to have intercourse
R v JAH,
2011 NSSC 434 (CanLII)(complete citation pending)
NS SC 6 months " an offence involving the touching of a nine-year-old daughter, on her stomach, thighs, and vagina on one occasion"
R v BL,
2011 ABCA 375 (CanLII), per curiam
AB CA 3 years oral sex; sexual touching of a child age 8 to 9 by uncle over age 70.
R v TEH,
2011 NSCA 117 (CanLII), per Hamilton JA
NS CA 18 months 2 incidents of inference of 15 boy; oral sex; no prior record
R v WRG,
2011 BCPC 330 (CanLII), per Ellan J
BC PC 12 months father putting hands down 14 year old daughters pants on 3 occasions
R v PA,
2011 NLTD 157 (CanLII), per Seaborn J
NL SC 18 months 7 incidents of interference on child aged 12 to 13; brother’s step-daughter; offender aged 39 to 41; touching the victim’s breasts, vagina and putting the victim’s hand on offender’s penis
R v GWR,
2011 MBCA 62 (CanLII), per Steel JA
MB CA 4 years prior related record; touching of 9 year old son
R v Thompson,
2010 ONCJ 399 (CanLII), per Maresca J
ON PC 18 months CSO offender was 73 years old, touched a young child in a sexual manner. two counts sexual assault, one count touching.
R v Johnson,
2010 ABCA 287 (CanLII), per PAperny JA
AB CA 12 months put hands down pants of 14 year old
R v CPS,
2010 ABCA 313 (CanLII), per Slatter JA
AB CA 3 months touched genital area twice of 8 year old girl
R v WH,
2010 NLTD 62 (CanLII), per Dunn J
NL SC 5 months CSO The offender touched genitals of 14-year-old girl outside of underwear but under dress and placed hands on breasts outside of clothes twice before--victim tried to push offender away twice--offender was 62 years old uncle of victim, no record, good employment history--convicted at trial
R v JBC,
2010 NSSC 28 (CanLII), per Scaravelli J
NS SC 6 years The offender was convicted of sexual interference, invitation to sexual touching and sexual assault. Over 4 years assaults on 9 year old female several times a week. Digital penetration, fondling, just short of penetration. Historical sexual assault. The offender was 51 at the time of sentencing, early 40's at time of the offence. The offender was the step-father, had a prior related record against children. He was in a position of trust to the victim. Parole delayed until half. [per Scaravelli J]
R v REL,
2010 BCCA 493 (CanLII), per Hinkson JA
BC CA 5 years The offender sexually assaulted his 6-year-old step-daughter over a period of 6 years. The conduct included fondling, digital penetration, and attempted intercourse.
R v WH,
2010 NLTD 62 (CanLII), per Dunn J
NL SC 5 months conditional 3 incidents of sexual touching of a minor over 16.
R v Pretty,
2010 CanLII 8323 (NLPC), per Porter J
NL PC 6 months while in a position of authority, he slapped the victim on the rear end, put his arms around the complainant, touched her breast, tugged on the neckline of her sweater, and asked if he could see her breasts.
R v Innerebner,
2010 ABQB 188 (CanLII), per Read J
AB SC 7 years 6+ victims
R v CED,
2010 NLTD(G) 192 (CanLII), per Goodridge J
NL SC 5 months The offender age 60, kissed, touched 15-year-old female on buttocks outside of clothing, and breast inside her shirt. The offender had no record and had a good employment history.
R v WRB,
2010 MBQB 102 (CanLII), per Duval J
MB SC 4 years The offender was convicted of sex assault and sexual interference against his stepdaughter. He performed fondling, digital penetration, and sexual intercourse over a period of 12 to 18 months. He was assessed as low risk.

2000 to 2009

Case Name Prv. Crt. Sentence Summary
R v Manjra,
2009 ONCA 485 (CanLII), per Feldman JA
ON CA 17 months offender licked privates of 7 year old girl
R v AWS,
2009 ABPC 225 (CanLII), per Fradsham J
AB PC 3 years global 3 victims
R v DAP,
2009 ABCA 72 (CanLII), per O’Brien JA
AB CA 15 months jail and probation sexual touching of grand-daughter aged 7 over 3 years; over low sentence
R v CED,
2009 CanLII 65768 (NLPC), per Gorman J
NL PC 10 months with 3 years probation sexual advances on 16 year old include kissing and fondling of breasts
R v Goff,
2009 BCSC 1621 (CanLII), per Ehrcke J
BC SC 30 months (Joint Rec.) The offender plead guilty to sex offences against two children. The conduct involved fondling, digital penetration and having the victims touch his penis.
R v Oldford,
2009 NLTD 124 (CanLII), per Seaborn J
NL PC 5 months offender sat on couch with 13 year old girl, touched her legs, pulled her shirt up, kissed her belly, opened his fly, exposed his penis and pulled her pants off--offender was age 34
R v SC,
2009 SKQB 272 (CanLII), per Zarzeczny J
SK SC 9 months convicted of multiple touching of child under 14. Touching over clothes. Was in a stepfather role.
R v Olford,
[2009] N.J. No. 214 (S.C.)(*no CanLII links)
NL SC touching child's legs, pulled up shirt and kissed stomach, exposed penis and started pulling pants off.
R v Safaee,
2009 BCCA 367 (CanLII), per Bennett JA
BC CA 18 months Offender pleaded guilty to sexually assaulting a 6 yer old who attended his wife's daycare. The conduct involved showing of child pornography, vaginal touching and invitation to child to touch him sexually.
R v PAS,
2009 BCCA 360 (CanLII), per Bennett JA
BC CA 1 year + probation "the accused was the common law partner of the complainant’s mother. He was convicted of sexual assault for one incident involving the 14 year old complainant. While the complainant was sitting at a computer the accused began rubbing her breasts and engaged in digital penetration. He also fondled her and performed oral sex. He rubbed his penis against her, but did not engage in intercourse. The British Columbia Court of Appeal upheld a sentence of one year imprisonment and three years probation." [5]
R v HC,
2009 ABPC 73 (CanLII), per Valgardson J
AB PC 3 years 3 year old victim; kissing her neck, sucking and rubbing her breasts, rubbing up against her buttocks with an erect penis over her clothing, touching and rubbing her vagina over and under her clothing and digitally penetrating her vagina.
R v Lonegren,
2009 BCSC 1678 (CanLII), per Barrow J
BC SC
R v DJB,
2009 NSSC 415 (CanLII), per Robertson J
NS SC 3 years 8 months Offender convicted of sexual assault x 4 and interference x 2. Between June 2005 and January 2006 offender assaulted 4 females aged 11 to 17 years old who were his step daughter and her friends.No acceptance of responsibility. Offender was 42 years old at the time. Not clear what type of sexual activity.
R v Graham,
2008 ABPC 227 (CanLII), per AJ Brown J
AB PC 18 months probation [Per Brown PCJ]
R v Maha,
2008 ABPC 22 (CanLII) , per Daniel J
AB PC 1 year + 2 years prob.
R v RB,
2008 NSSC 335 (CanLII), per MacLellan J
NS SC 2 years (JR) Offende assaulted three females aged 7, 7, and 9 sometime between 1980 and 1987.
R v HCD
2008 NSSC 246 (CanLII), per Warner J
NS SC 2 years Offender assaulted female under the age of 18. There was no intercourse. Over 9 years, offender abused daughter until she left home.
R v MFS
2008 ABCA 157 (CanLII), per Paperny JA
AB CA 3 years before remand prior record; 30 minute long assault of child of age 3.
R v Bird,
2008 SKCA 65 (CanLII), per Gerwing JA
SK CA 30 months imprisonment fondling of babysitter; victim under threat; 14 year old victim
R v McCombie,
2008 NBQB 353 (CanLII), per Grant J
NB SC 4 months offender pled guilty to touching 14 year old child’s breast under her shirt
R v JAG,
2008 MBCA 55 (CanLII), per Monnin JA
MB CA 12 months + 2 yr prob. The offender was convicted of touching the genital area of his 8 year old grand daughter. There were 10 separate incidents. He was 77 years old without any record.
R v SPC,
2008 ABCA 280 (CanLII), per Rowbotham JA
AB CA 18 months sexual touching of 7 year old
R v PRC,
2008 NSSC 34 (CanLII), per Stewart J
NS SC Female offender assaulted 12 year old male. She was friend of child's mother, occurred over 1 year. No remorse.
R v SCC,
2008 NSSC 115 (CanLII), per Scanlan J
NS SC 2 years 2 months Historical sexual assault on child. Offender was in early 20s at time and child's caregiver. Had prior related conviction at time of sentence. Victim attempted suicide.
R v Maha,
2008 ABPC 22 (CanLII), per Daniel J
AB PC 1 year 9 year old made to masturbate offender to ejaculation
R v BR,
[2007] N.J. No. 111(*no CanLII links)
NL SC 6 months offender had touched the stomach, breast and vagina of his common law spouse’s thirteen year old granddaughter
R v O,
2007 NSCA 15 (CanLII), per Saunders JA
NS CA 2 years Offender had sex with 12 year old female three times, she became pregnant and gave birth. The offender was 19 years old at the time and had "intellectual deficits".
R v Skwarchuk,
2007 ABCA 195 (CanLII)
AB CA 27 months 4 incidents of non-consentual fellatio with girl aged 13.
R v Bachewich
2007 ABCA 199 (CanLII)(complete citation pending)
AB CA 12 months 50 year old rubbing vaginal area of sleeping 9 year old for several minutes
R v Gallant
2004 NSCA 7 (CanLII), per Cromwell JA
NS CA 2 years (making)
2 years (poss'n)
1 year (sex assault)
1 year (touching)
8 years (global)
R v DBA
2007 NSSC 324 (CanLII), per MacLellan J
NS SC 20 months CSO Offender pled guilty to 3 counts of sexual touching. Offender had masturbated male age 12 who was related to him.
R v BR
2007 CanLII 10890 (NLPC), per Gorman J
NL PC 5 months and fifteen days incarceration
R v Young
2007 NSSC 116 (CanLII) , per S MacDonald J
NS SC 20 months CSO The offender pleaded guilty to sexual assault in relation to two victims. Jointly recommended sentence. Positive presentence report, where he showed remorse and willing to take treatment.
R v RTH,
[2007] NSJ 55, 2007 NSCA 18 (CanLII), per Cromwell JA
NS CA 4 years, 4 months The offender was convicted of intercourse (x5), gross indecency, and indecency (x3). The offence was historical, occurring between 1979 and 1985. The offender sexually abused 3 females under the age of 14 who were living with the offender's wife. He was 25 years old at the time with no record.
R v George,
2007 NSSC 36 (CanLII), per MacLellan J
NS SC 18 months CSO + Prob. Offender fondled penis of 13 year old male 50 times. Offender was was step-father of child. It was a historical assault from back around 1973 to 1980. Offender was 62 with no record at time of sentencing.
R v MFS,
2007 ABPC 253 (CanLII), per LeGrandeur J
AB PC 21 months CSO + Prob. The offender plead guilty to sexual interference. The offence was historical in nature, dating back between 1994 and 1995. While the offender's niece was 3 or 4 years old, the offender performed oral sex on the daughter. He was 42 years old at the time of sentence. [Per LeGrandeur PCJ]
R v MJR,
[2007] NSJ 305(*no CanLII links)
NS 2 years, 3 months The offender was convicted of 4 counts of sexual assault against his daughter. This related to a historical event from 1993. He was 29 years old at the time of the offence.
Rv JWF,
[2006] NSJ 360(*no CanLII links)
NS 3 years The offender was convicted of sexual assault relating to two instances of sexual intercourse and one instance of oral sex with a 15 year old female. The offender lived with the victim's mother. He had a criminal record for breaches. He was also convicted for voyeurism for assisting a friend see the victim showering.
R v PAK,
2006 ABPC 298 (CanLII), per AJ Brown J
AB PC 11.5 months The offender pleaded guilty to interfernce. HE simulated intercourse with his 13 year old cousin, during which he ejaculated on her inner thigh. He had no record and was remorseful. [Per Brown PCJ]
R v Andrews
(2006), 394 A.R. 348 (Alta.Prov.Ct), 2006 ABPC 63 (CanLII), per Fradsham J
AB PC 18 months CSO Offender was a teacher who developed a relationship with a 16 year old student, which involved kissing and mutual masturbation. Father of victim discovered the relationship. Victim was disappointed by offender and dropped out of school. Offender went on administrative leave.
R v Van Den Boogaard
2006 ABCA 183 (CanLII), per Bielby JA
AB CA 6 months jail 58 year old offender was babysitting 13 and 11 year olds; girls were tied to a bed while naked; fondled one of them.
R v F,
2006 NSSC 273 (CanLII), per Goodfellow J
NS SC 4 years Offender had intercourse with 15 year old twice and oral sex once. Offender lived with victim's mother at the time. Prior unrelated record for breaches. Offender had been spying on her while showering as well.
R v JS,
2006 NSSC 163 (CanLII), per Robertson J
NS SC 4.5 years Over 10 years the 45 year old offender performed sexual acts including fellatio, digital penetraion, touching and intercourse with a 4 year old stepdaughter. Victim engaged in self-harm after the incident.
R v RH,
2005 NSSC 134 (CanLII), per Coughlan J
NS SC 4 years and 4 months Offender convicted of several counts of indecent assault from between 1979 and 1985. Offender was 25 years old and sexually assaulted three of his wife's sisters who were under the age of 14.
R v REM,
2005 BCSC 698 (CanLII), per Romilly J
BC SC 18 months The offender sexually assaulted his 9-year-old step-daughter 15 years prior to sentencing. It lasted 7 years. The offender's wife was ill.
R v RBC,
[2005] NSJ 571(*no CanLII links)
NS 3 months CSO, 1 year Prob. The offender was convicted of sexual offences relating to touching the breasts and vagina of two females aged 13 and 14 years. The victims were the offender's niece and her friend. He had a lengthy prior record that included sexual offences. He was 72 years old. The sentence was a joint recommendation. [Boudreau J]
R v RN,
[2005] NSJ 403 (*no CanLII links)
NS 5 years (sex assault)
2 years (child porn)
The offender was convicted of sexually assaulting two females aged 8 and 9 years. One was his daughter and the other was her friend. He was 44 years old.
R v EEC,
2005 NSSC 3 (CanLII), per Hall J
NS SC 3 years + weapons order convicted of sexual inteference, assault causing, uttering threats, breaches, and assault. Offender was parent who sexually assaulted his child. Was in a position of trust. Criminal record of uttering threats and breaches.
R v BIS
2005 ABPC 251 (CanLII), (2005), 388 A.R. 109 (Alta. Prov. Ct.), per Allen J
AB PC 15 month CSO Offender touched 14 year old babysitting over vaginal area and sucked victim's breasts. Incident was short and stopped as soon as the victim asked.
R v KRD,
[2005] NSJ 25, 2005 NSCA 13 (CanLII), per MacDonald CJ
NS CA 2 years less a day The offender was convicted of sexual offence for fondling and engaging in oral sex with a 5 year old daughter over a 5 year period.
R v EEC,
[2005] NSJ 533, 2005 NSSC 3 (CanLII), per Hall J
NS SC 3 years The offender was convicted of a sexual offence for touching his 4 year old daughter with his penis in her genital and anal region. He head a prior record including a conviction for sexually assaulting his wife.
R v Hamm
2005 NSSC 34 (CanLII), per Moir J
NS SC 9 months CSO A jointly recommended sentence. Offender was 34 years old who pleaded guilty to sexual assault of a 13-year-old female. There were several incidents over several months including touching of chest and genitals as well as oral sex. Offender had probably the alcohol and agreed to take programming. He had convictions for unrelated offences. Sentencing judge overturned recommendation, recommendation restored on appeal.
R v Bossé,
2005 NBCA 72 (CanLII), per Deschênes JA
NB CA 13 months + probation 9 year old child performs fellatio and masturbates 19 year old offender
R v KL,
2004 BCSC 797 (CanLII), per Romilly J
BC SC 18 month CSO sexual touching of grand-daughter
R v JGC,
2004 NLSCTD 69 (CanLII), per Halley J
NL SC 9 months fondled buttocks through clothing of two boys (13 and 14 years old), also pressed his penis against boy’s back and simulated anal sex
R v LMB,
2004 NLSCTD 151 (CanLII), per Leblanc J
NL SC 10 months sexual assault on 6 year old grand-daughter, fondled girl’s vaginal area under her clothes--offender was 48 years old with prior record including two sex assaults
R v BS,
2004 CanLII 32226 (ON CA), per curiam
ON CA 12 months conditional sentence, probation and community service Offender played guilty to sexual assault and invitation to sexual touching in relation to a 33-year-old female. Offender was family friend who was in a position of trust. The conduct included an attempt to touch the complainant breast, French kissing and putting his hand down her bathing suit.
R v SCC,
2004 NSPC 41 (CanLII), per Tufts J
NS PC 2 years, 3 years prob. The offender plead guilty to sexual assault against his 11 year old step-son. Conduct included rubbing the victim's buttocks, genital, masturbating the victim, fellatio, and minor digital penetration. He was 42 years old with no prior record. He was remorseful. [Per Tufts PCJ]
R v RD,
2004 CanLII 32144 (ON CA), per Rosenberg JA
ON CA 12 months The offender was convicted of sexual assault and exploitation of his daughter. Over many years, starting when the victim was aged 12, the offender gave sexual massages to the victim and touched her in the chest and vaginal area. The Crown appealed a 90 day sentence. [Per Rosenberg JA]
R v ASG,
[2004] NSJ 10(*no CanLII links)
NS 8 years
R v Kemper
2004 ABCA 348 (CanLII), per O’Brien J
AB CA 2 years touching 30 to 50 times over 3 years
R v DTD
2003 ABQB 57 (CanLII), per Lee J
AB SC 90 day intermittent touching vaginal area under clothing
R v MS,
2003 SKCA 33 (CanLII), per Cameron JA
SK CA 9 months "the Saskatchewan Court of Appeal overturned a 23 month conditional sentence and imposed a nine month jail term where the accused entered a guilty plea to sexual interference. The incidents forming the basis for the charge involved the adopted daughter of the accused and occurred over a two year period when the child was between the ages of seven and nine. The incidents consisted of open-mouth kissing, fondling, simulated intercourse, forced touching of the man’s penis, ejaculation in front of the child and on the child’s hand, and on the final occasion digital penetration of the child. The court listed a number of mitigating factors which reduced the sentence, including: taking responsibility for his actions, entering a guilty plea, the receipt of professional psychiatric help, and attempts made by father and daughter to make amends." [6]
R v RC, [2003] OJ No 2355 (ONCA)(*no CanLII links) ON CA 15 months "the accused sexually assaulted a young foster child in his care over a two year period when the girl was between the ages of eight to nine years old. The accused regularly went into the young girl’s room at night and fondled her breasts and vagina. This escalated to digital penetration of the vagina. The Court of Appeal for Ontario affirmed a sentence of 15 months imprisonment."[7]
R v NJB,
2003 NSSC 134 (CanLII), per Goodfellow J
NS SC 2.5 years The offender was convicted of touching, digital penetration, oral sex and attempted sexual assault. Over a 3 year period he sexually assaulted his 15 year old step-daughter. He was 33 years old and had a prior related conviction in 1992.
R v JPF
2002 BCSC 756 (CanLII), per Romilly J
BC SC 13 mo CSO touching private parts of 5 year old daughter
R v RC
2002 CanLII 14844 (NL P.C.), per Gorman J
NL PC 4 months teacher touches breast of 14 year old student
R v Esmonde
2002 CanLII 49348 (ONCA), per Feldman JA
ON CA 16 months conditional sentence (global) Offender was 44 years old and plead guilty to indecent assault of a male child who was aged between 12 and 17 years old. The occurrences spread over several years totalling 12 occasions. The conduct included a back rub, touching of victim's penis, masturbation and oral sex. Offender received treatment and counselling to address his sexual behaviour. He had a prior conviction for a sexual offence that occurred after the index offence.
R v WHMC, [2002] NSJ No 412(*no CanLII links) NS ? 18 months CSO The offender was a doctor who assaulted 3 male patients who were approximately 13 years old. The conduct included mastrubation and rectal examinations. Victims were mastubated to climax. Events occurred in the 1970s while he was in his 20s. He had no prior criminal record.
R v EY,
[2002] OJ No 673(*no CanLII links)

, affirmed [2003] OJ No 3027(*no CanLII links)

ON CA 18 months + probation "the accused was convicted of sexually assaulting his step-daughter over a seven year period when she was between the ages of seven and 14. The incidents consisted of extended open-mouthed kissing and fondling of the breasts and vaginal area. There was also evidence that the misconduct was escalating to attempts at forced oral sex. The court imposed a sentence of 18 months imprisonment and 18 months probation."
R v CJC,
2002 NSCA 45 (CanLII), per Freeman JA
NS CA 21 months progressive touching, including oral sex, of best friend's 13 year old daughter
R v WCC,
2001 N.J. No. 229 (P.C.)(*no CanLII links)
NL PC 6 months Sexual assault of six-year-old niece. Touching child on bum with the palm of his hand. He stated that he lowered her outside pants by an inch.
R v Penner
(2001), 318 A.R. 51 (Alta. Q.B.), 2001 ABQB 1133 (CanLII), per Martin J
AB SC 18 month CSO Offender convicted by a jury of sexual exploitation. Offender was a teacher and asked female student under 16 to show her breasts and give him a lap dance. He kissed her while she was on his lap. The offender lost his job.
R v DMS,
[2000] NSJ No.172(*no CanLII links)
NS SC 5 years "[T]he accused was convicted of sexually assaulting a female complainant on multiple occasions. The child was between the ages of six to 15 when the incidents occurred and was the daughter of the accused’s female partner."([8])

1990 to 1999

Case Name Prv. Crt. Sentence Summary
R v EMC,
1999 CanLII 18569 (NS SC), [1999] NSJ No 259 (NSSC), per Scanlan J
NS SC 3.5 years The offender was convicted of 6 counts relating to the sexual assault of his niece and nephew between 1968 and 1983. The conduct included sexual touching, oral sex and intercourse. The offender was 58 years old at sentencing and had serious health issues. He continued to deny responsibility. Defence sought CSO.
R v DAM,
1999 CanLII 18578 (NS SC), per Cacchione J
NS SC 17 months, 3 years prob. The offender was convicted of 5 counts sex assault, one count invitation to sexual touching. He sexually assaulted 4 young females between the ages of 8 and 15. One of the victims was his niece, which lasted 5 years and included oral sex, masturbation, and attempted intercourse. He was 38 years old and had been molested as a child. He had no prior record. [Per Cacchione SCJ]
R v AJS,
1998, 167 Nfld. & P.E.I.R. 182 (N.L.C.A.)(*no CanLII links)
NL CA 3 months CSO offender was convicted of sexually assaulting a young girl by placing his hand down her pants while sitting next to her on a plane.
R v Stuckless
1998 CanLII 7143 (ON CA), per Abella JA (2:1)
ON CA 5 years offender pled to 24 counts of sexual assault on boys aged 10 to 15 years old over a period of 20 years.
R v ECS
(1997), 148 Nfld. & P.E.I.R. 347 (N.F.S.C.)(*no CanLII links)
NL SC 60 days CSO 67 year old accused touched the breasts of a twelve year old girl.
R v GO,
[1997] OJ No 1911(*no CanLII links)
ON 15 months The offender hugged, kissed, gave oral sex and fondled the victim. He was an instructor at a rec centre. The victim was between 8 and 12 years old.
R v GCS,
[1997] NSJ No 309(*no CanLII links)
NS SC 5 years The offender was convicted of indecent assault, gross indecency, sexual intercourse all against his daughter who was under 16. He was 50 years old.
R v III
, (1996), 151 N.S.R. 2(d) 216, [1996] N.S.J. No. 219 (S.C.)(complete citation pending)
NS SC 3 months "the offender was charged with sexual assault in relation to incidents of touching his granddaughter both above and under her clothing on her breasts, vagina, and buttocks. The Court sentenced the offender to three months of incarceration followed by one year of probation. Despite his age, lack of a criminal record, and pro-social background, incarceration was found to be warranted."
R v Yazelle
1994 CanLII 3860 (SKCA), per Cameron JA
SK CA 4 years undress and fondle genitals of child; no penetration
R v EAF,
1994 CanLII 7597 (NS CA), per Hart JA
NS CA 10 years (global)
The offender plead guilty to five counts relating to indecent assault and sexual assault of his two nieces and a grand-niece. The offences occurred between 1963 and 1970 for the two nieces, while they were aged 7 to 10 years. The grand-niece was assaulted between 1983 and 1984 while she was 9 to 10 years old. He was 65 years of age and had no prior record when sentenced. The conduct involved "fondling and then progressed to rubbing and ejaculation on the bare thighs and stomachs of the young girls and later advanced to oral sex and then attempted anal and vaginal intercourse".
R v Chipman
(1993) 106 Nfld. & P.E.I.R. 74 (N.L.S.C.)(*no CanLII links)
NL SC 60 days 63 year old offender embraced a 14 year old girl and touched her breast.
R v RHS
(1993), 126 N.S.R. 2(d) 392, [1993] N.S.J. No. 489 (C.A.)
10 months "involved an offender who admitted that he had touched his stepdaughter. The offender admitted to masturbating in the same room as his stepdaughter, but there was no suggestion that the victim was aware of this. The Court reviewed the positive results of the Pre-Sentence Report and took into consideration the fact that the probabilities of rehabilitation appeared to be high. The Court stated that this likelihood of rehabilitation mandated that the sentence be reduced to one that would not keep the offender from his family and his employment for an extended time. The Court of Appeal set aside the trial judge’s 10-month sentence and instead gave the appellant a 90-day intermittent incarceration. " {{{4}}} {{{5}}}
R v Bennett
1993 CanLII 2120 (BCCA), per Prowse JA
BC CA 12 months imprisonment touching breast and kissing 13 year old
R v B.C.
1992 N.J. No. 358 ( S.C.)(*no CanLII links)
NL SC 90 days accused fondled the breasts and vagina of his eleven year old niece

Intercourse

Case Name Prv. Crt. Sentence Summary
R v APSB,
2016 NSSC 29 (CanLII), per Chipman J
NS SC 1 year The offender plead guilty to sexual interference. He started relationship with 13 year old online, believing she was 18. He stopped communication when it was discovered that she was under age. She pursued him and they started sexual relationship while she was 14. There was fellatio and cunnilingus multiple times. They had intercourse once. The offender was developmentally delayed. The sentence was a joint recommendation.
R v Raman Nair,
2017 ABQB 814 (CanLII), per Ackerl J
AB SC 6.5 years (global)
R v DiMichele,
2017 ONSC 2550 (CanLII), per Edwards J
ON SC 40 months The victim was 15 years old. They had an employer/employee relationship.
R v CGG,
2017 MBQB 61 (CanLII), per Greenberg J
MB SC 3 years The offender was found guilty of sexual assault. He had intercourse with his step-daughter
R v RJ,
2017 MBCA 13 (CanLII), per Mainella J
MB CA 14 years (global)
4, 4 and 5 years (interference)
1 year (making CP)
The offender was convicted of sexual interference and making child pornography. He sexually assaulted two young girls aged 8 and 9 and also recorded the acts. The offending activity included fondling, masturbation, digital and anal intercourse.
R v RDDG,
2014 NSSC 223 (CanLII), per Rosinski J
NS SC 5.5 years (global)
5 years (sex assault)
breaches (6 months)
Offender was convicted at trial for molesting step-daughter while she between ages 10 to 13. Offence included simulated intercourse, oral sex and touching of vaginal area over clothing. Offender had no remorse. Limited record of breaches and thefts.
R v HS,
2014 ONCA 323 (CanLII), per Epstein JA
ON CA 2 years historical sexual assault from the 70s. The offender had intercourse with victim multiple times, made her pregnant. The crown appealed a CSO.
R v DTG,
2013 BCPC 156 (CanLII), per Gouge J
BC PC 4 years historical sexual assault from the 80s. Sexual relationship with a 12 year old over two years.
R v Piche,
2013 SKQB 202 (CanLII), per Danyliuk J
SK SC 30 months offender sexually assaulted 14 year old babysitter. He drove her to an isolated spot and had full intercourse.
R v Garnet Lee Cole,
2013 NBPC 9 (CanLII), per Brien J
NB PC 12 years historical sexual assault of 4 girls under the age of 14.
R v Smith,
2013 CanLII 12197 (NL SCTD), per Goodridge J
NL SC 11 years parish priest sexually assault 31 children over 20 years.
R v Tremblett,
2013 CanLII 3552 (NL SCTD), per Goulding J
NL SC 32 months
R v KDH,
2012 ABQB 471 (CanLII), per Manderscheid J
AB SC 5 to 7 years offender also sentenced for a variety of sex offences against children (global 18 years). Offender had sexual relations with his own children and step-children over several years.
R v KM,
2012 SKCA 95 (CanLII), per Jackson JA
SK CA 3 years intercourse with three boys under age 16
R v Patey,
2012 CanLII 51735 (NL SCTD), per Seaborn J
NL SC 3.5 years offender was aged 29 to 30 when he had sexual intercourse and oral sex with two children aged 14 and 15. There were multiple offences--victims factually consented to all incidents except for one incident of anal sex
R v Bjornson,
2012 ABCA 230 (CanLII), per curiam (2:1)
AB CA 17 months offender was 22 years of age and had intercourse and other sex acts with a 15 year old niece.
R v DM,
2012 ONCA 520 (CanLII), per Feldman JA
ON CA 7 years sexual assault of 15 year old over 3 years--offender in a position of trust
R v PK,
2012 MBCA 69 (CanLII), per Chartier JA
MB CA 36 months offender sexually assaulted two sisters over several years
R v King,
2012 ABQB 273 (CanLII), per Burrows J
AB SC 3 years offender had a relationship with a 15 year old over several years. They would have intercourse several times a week.
R v MJ,
2012 SKQB 168 (CanLII), per Whitmore J
SK SC 3.5 years sexual intercourse with 14 year old while they slept, also previous incident of interference (touching under clothes) for which he got 1 year
R v Merkuratsuk,
2012 CanLII 2508 (NL SCTD), per Stack J
NL SC 45 days female sexual asaulted 14 year old boy; intercourse for about 20 seconds
R v JMW,
2012 NSCA 9 (CanLII), per curiam
NS CA 2 years sexual assault on 14 year old stepdaughter; multiple assaults; full intercourse
R v CLJ,
2011 ABCA 321 (CanLII), per Costigan JA
AB CA 7 years sexual assault causing bodily harm; choking; victim 6 years old, accused was uncle
R v JC,
2011 MBPC 71 (CanLII), per Harapiak J
MB PC 4 - 9 years victim 6-13 years old; sexual intercourse, violence over many years; pregnancy
R v Woodward,
2011 ONCA 610 (CanLII), per Moldaver JA
ON CA 6.5 years victim age 12; luring over internet
R v AGA,
2010 ABCA 61 (CanLII), per curiam
AB CA 5 years The offender was convicted of sex assault, invitation to sexual touching and interference. Offence occurred over several years. It included mutual touching of penises and one act of anal penetration. The offender was in a position of trust.
R v Revet,
2010 SKCA 71 (CanLII), per Sherstobitoff JA (2:1)
SK CA 18 months no record; victim age 14
R v Leigh,
2010 ONCJ 118 (CanLII), per Bourque J
ON PC 2 years less a day two counts sexual assault, one anal intercourse, one fellatio. Victims were 11 and 14 years old. Crown recommended < 2 years.
R v AN,
2009 NSSC 186 (CanLII), per Beveridge J
NS SC 8 years Offender convicted of indecent assault, rape and incest. Between 1970 and 1976, he regularly had intercourse with daughter who was 12 years old at the beginning. Between 1974 and 1980, he regularly had intercourse with adopted daughter. Offender was 70 years old at sentencing. No prior record.
R v RJB
2007 ABPC 61 (CanLII), per Semenuk J
AB PC 45 days sexual intercourse x 2 with child of 13 years
R v Pritchard,
2005 ABCA 240 (CanLII), per Fraser CJ (2:1)
AB CA 2 years less a day CSO 19 year old meets 13 year old online; had unprotected sexual intercourse; plea to s. 271
R v C,
2005 NSSC 3 (CanLII), per Hall J
NS SC 3 years conviction at trial offender placed his penis in child's vaginal area and anal area, caused significant pain.
R v RS,
2005 CanLII 45184 (ON CA), per curiam
ON CA 9 years numerous sexual assault upon his children
R v Bossé
2005 NBCA 72 (CanLII), per Deschênes JA
NB CA 13 months and probation 19 year old offender twice had a child of 9 years perform fellatio on him and masturbate him until he ejaculated
R v FAW, [2002] NSJ NO 567(*no CanLII links) NS ? 6 years Over a 10 year period, the offender assaulted his female daughter from the age of 4. The conduct included fondling, intercourse, and fellatio. He made threats against her to keep silent. The offence occurred while he was in his 20s. He was sentenced at the age of 68. He was in poor health and had no criminal record.
R v D(D),
2002 CanLII 44915 (ON CA), per Moldaver JA
ON CA 9 years 1 month

Over 7 years, the offender befriended 4 boys between ages 5 and 8 in order to engage in sexual activity including masturbation, oral sex, attempted and actual anal intercourse.

R v ECM, [2001] NSJ No 375 NS ? 2 years The offender had sexual intercourse with two young female step-daughters. He also penetrated one with a curling iron.
R v B(G)
(1999), 181 Nfld. & P.E.I.R. 1 (N.L.S.C.)(*no CanLII links)
NL SC 9 months sexually assaulted a 13-year-old girl who was the daughter of his neighbour. The offence involved digital penetration.
R v WBS
(1992) 127 A.R. 65 1992 CanLII 2761 (ABCA), per curiam
AB CA 5.5 years "serious sexual assault" on child

See Also

Sexual Assault, Intercourse

Full Intercourse

Case Name Prv. Crt. Sentence Summary
R v CWZ,
2018 ONSC 3478 (CanLII), per Akhtar J
ON SC 6 years (global) The offender was convicted of sexual assault against his wife and daughter.
R v FHL, 2018 ONCA 83 (CanLII), per Epstein JA ON CA 8 years The offender sexually assaulted his girlfriend's 12 year old daughter. The victim gave birth to a child.
R v Meyers,
2017 SKQB 4 (CanLII), per McMurtry J
SK SC 5 years The offender was convicted of sex assault and uttering threats. He used threats to coerce sex. He digitally penetrated the female victim's vagina and anal intercourse.
R v DS,
2013 ONCA 244 (CanLII), per MacPherson JA
ON CA 12 years sexual assault on wife
R v Moosomin,
2012 SKQB 386 (CanLII), per Zarzeczny J
SK SC 33 months
R v DS,
2012 SKQB 118 (CanLII), per Acton J
SK SC 30 months forced intercourse with ex-partner.
R v Freake,
2012 NLCA 10 (CanLII), per Welsh and Rowe JJA
NL CA 4 years force intercourse between partners.
R v RK,
2012 SKPC 17 (CanLII), per Klause J
SK PC 18 months historical sexual assault (1982), sexual intercourse with step daughter
R v PN,
2011 NLTD 158 (CanLII), per Goodridge J
NL SC 3 years intercourse with teenage niece, threatened if she called police
R v NKP,
2011 ABCA 361 (CanLII), per Slatter JA
AB CA 9 years assaulted 7 family members; recorded some on video
R v Murphy,
2011 NLCA 16 (CanLII), per Welsh JA
NL CA 3.5 years forced intercourse in front seat of vehicle, prior record for violence.
R v IKL,
2011 NLTD 7 (CanLII), per Seaborn J
NL SC 3 years numerous incidents of intercourse with a minor
R v Dorah
2011 ONSC 6503 (CanLII), per MacDonnell J
ON SC 2 years less a day forced intercourse in a dating couple
R v Berens,
2011 MBQB 255 (CanLII), per Schulman J
MB SC 2 years less a day intercourse while asleep; no remorse; gladue factors
R v AN,
2010 ONCJ 288 (CanLII), per Diguseppe J
ON PC 2 years less a day parties knew each other; moderate use of force; accused intoxicated
R v RRW,
2010 NLTD 135 (CanLII), per Goodridge J
NL SC 4 years broke into residence of 14 year old niece, full intercourse, threatened victim if she called police
R v Kasokeo,
2009 SKCA 48 (CanLII), per Cameron JA
SK CA 27 months jail sleeping victim; appeal from 15 months jail; "probably" full intercourse
R v Zarpa,
2009 NLTD 175 (CanLII), per Goodridge J
NL SC 3.5 years intercourse with sleeping woman
R v DBR,
2008 ONCJ 412 (CanLII), per McGrath J
ON PC 10 years (JR) sexual assault x 3; sexual touching of minor x 2; confinement x 1. Occurred over several years
R v Woods,
2008 SKCA 40 (CanLII), per Richards JA
SK CA 22 months confinement, violence, digital penetration, intercourse, prolonged
R v Byer,
2007 ONCA 694 (CanLII), per curiam
ON CA 6 years administered drug and performed unprotected sex on 4 victims; occurred over 15 years
R v Law,
2007 ABCA 203 (CanLII), per curiam
AB CA 3 years victim passes out at a party; digital penetration, full penetration
R v Marriott,
2007 NSSC 99 (CanLII), per Robertson J
NS SC 12 months CSO Offender touched breast and vagina of female aged 22. Victim had intellectual deficits.
R v Rich,
2006 NLTD 84 (CanLII), per Fowler J
NL SC 3 years forced intercourse
R v F(EW),
2006 NLTD 91 (CanLII), per Seaborn J
NL SC 18 months intercourse with adult sister while she was asleep, alcohol involved.
R v GLJP,
[2003] NSJ No 509, 2003 NSSC 168 (CanLII), per A Boudreau J
NS SC 10 years The offender was convicted of aggravated sexual assault, sexual assault of a weapon, unlawful confinement, and uttering threats. His girlfriend tried to break up with him and so he tortured her over 3 hours. He slashed her face with a knife, splitting her lip and then had intercourse with her on a chair.
R v RH,
2003 NLCA _, [2003] N.J. No. 336 (C.A.)(*no CanLII links)
NL CA 6 months non-consentual sexual intercourse with spouse.
R v Kinde,
2002 BCCA 233 (CanLII), per Southin JA
BC CA 7 years forced sexual intercourse with victim on 4 occasions; bodily harm
R v S(JS),
2001 MBCA 144 (CanLII), per Twaddle JA (2:1)
MB CA 30 months sleeping victim
R v C(SF),
2000 NLTD _, 192 Nfld. & P.E.I.R. 179(*no CanLII links)
NL SC 2.5 years offender broke into residence, grabbed complainant, threatened her, full intercourse
R v JR,
1997 CanLII 14665 (NLCA), per Cameron JA
NL CA 3 years sexual intercourse with daughter; causing pregnancy
R v TVG,
(1994) 1994 CanLII 7588 (NS SC), 133 NSR (2d) 299 (NSSC)
NS SC 2 years, 8 months "The offender and victim had been separated a few days before the offence. The offender called her the night preceding the offence causing the victim to be afraid. She took her children next door to her father’s house. When she returned to pick up some clothing, the offender confronted her, forced her into the bedroom, and raped her despite her struggles. The offender questioned the victim about her boyfriends as he repeatedly penetrated her. The Court viewed the assault on the former common‑law wife as aggravating. The accused came from a stable, hard‑working family. Offender and victim had two daughters. Victim Impact Statement demonstrated nervousness on behalf of the common‑law wife. Sentence: two years and eight months’ incarceration;" [9]
R v Richard,
1994 CanLII 3969 (NS CA), per Roscoe JA
NS CA 7 years The offender was convicted of sexual assault and uttering threats. He approached the female victim whom he knew at 3am near a night club. Threatened her and lead her to a private spot where he has intercourse and fellatio on her. She broke free at the end and escaped. He was 23 years old at the time and had a lengthy criminal record.
R v Sandercock,
1985 CanLII 104 (AB C.A.), per Kerans JA
AB CA 4.5 years drive victim to secluded spot and accosted her

See also

Sexual Assault, Touching or Attempts

Touching or Attempts

Case Name Sentence Summary
R v JP,
2017 NSPC 54 (CanLII), per Chisholm J
8 months CSO The judge also ordered lifetime SOIRA, DNA Order and firearms prohibition. [per Chisholm PCJ]
R v O’brien,
2017 SKQB 88 (CanLII), per Dawson J
14.3 months (time served) The offender was having an affair with the female victim. He met her at his house where he attempted to hug and kiss her. She told him not to touch her. He lifted her up and put her on the bed and attempted to undo her pants. She pushed him off. He put his hands around her neck for 5 to 10 seconds and then stopped on his own accord.
R v OB,
2016 ONSC 6861 (CanLII), per Corrick J
2 years less a day The offender touched the victim's breasts numerous times over 5 years. He was a father figure to the victim and in a position of trust.
R v Matthews,
2016 BCPC 59 (CanLII), per Challenger J
6 months CSO
R v Halkett,
2016 SKPC 65 (CanLII), per Robinson J
18 months CSO The offender attempted to have anal intercourse in the police drunk tank with an unconscious detainee. He was 54-year-old aboriginal band member with a significant but dated record. [Per Robinson PCJ]
R v Nippi,
2015 SKQB 90 (CanLII), per Turcotte J
2 years less a day The offender was found guilty of sexual assault and unlawfully in a dwelling. While intoxicated he entered a residence where a female laid sleeping. He undressed and then kissed her, fondled her and rubbed his penis against her. The offender was 35 years old and a member of a First Nations. [Per Turcotte SCJ]
R v Sayers,
2015 ABCA 21 (CanLII), per curiam (2:1)
4 years (global) The offender was found guilty of sexual assault of two females aged 8 and 11. He touched their breasts and vaginal area underneath their clothing. One judge dissented. [Per Paperny JA with Martin JA dissenting]
R v RJW,
2014 CanLII 28797 (NL SCTD), per Halley J
12 months CSO offender touched breasts of two female sisters aged 12 and 15. Offence occurred in the 1970s while he lived with the victims. [Per Halley SCJ]
R v Tyers,
2014 BCPC 140 (CanLII), per Smith J
12 months offender was a chiropractor who touched the breasts and vagina of a patient. [Per Smith PCJ]
R v Klok,
2014 ABPC 102 (CanLII), per Allen J
9 months Offender was a teacher of the complainant, engaged in masturbation. Complainant was around 18 years old. The offender was in a position of trust at the time. [Per Allen PCJ]
R v Long,
2013 ONCJ 617 (CanLII), per Baldwin J
90 days intermittent The offender touched the breasts of the victim on three occasions. He was the victim's employer. He was 60 years old. She was 29 years old and had a learning disability. He had no criminal record and was remorseful.
R v Racco,
2013 ONSC 1517 (CanLII), per Durno J
CSO The offender touched the victim's vaginal area through her clothes and put his tongue in her mouth while kissing. The offender was 49 years old and the victim's boss. He had no prior record. The victim claimed but unproven PTSD from the incident. Trial judge ordered 6 months jail. Summary Conviction Appeal changed the sentence to a Conditional Sentence Order.
R v Millette,
2013 QCCS 3479 (CanLII), per Moulin J
fine + probation
R v Wilson,
2012 NBQB 326 (CanLII), per McLellan J
24 months The offender was a bartender who sexually assaulted female in washroom. Conduct involved forced oral sex, fondled her breasts, fingered her and tried to stick a sex toy in her anal region, attempted intercourse. The victim fell and was permanently injured during incident. [Per McLellan SCJ]
R v Burton,
2012 ONSC 5920 (CanLII), per Maranger J
absolute discharge
R v H.(J.),
2012 ONCJ 753 (CanLII), per M Green J
conditional discharge
R v Boden,
2012 BCPC 331 (CanLII), per Giardini J
6 to 9 months also sentenced to assault peace officer--offender grabbed the buttocks of two women unknown to him in an attempt to flirt with them.
R v TJH,
2012 BCPC 115 (CanLII), per Ellan J
discharge The offender was convicted for touching over clothes. No SOIRA ordered because not a "conviction".
R v Martell,
2012 SKPC 47 (CanLII), per Harradence J
9 months sexual assault of person at a party. Female was passed out naked, offender fondled breasts, undressed himself, got on top of her, no evidence of injury or penetration.
R v BRE,
2012 NSSC 253 (CanLII), per Coughlan J
absolute discharge
R v Tuffs,
2012 SKCA 6 (CanLII), per Lane JA
12 months The offender put his hand down the pants of victim, touching of genitals, Crown appeal of a suspended sentence.
R v Pratt,
2011 BCPC 382 (CanLII), per Pothecary J
5 years digital penetration; oral sex; attempted intercourse; violence used
R v Trotman,
2011 ONCJ 604 (CanLII), per Lipson J
8 months The offender was convicted of grabbing 15 year old girl multiple times, included hugs and kisses.
R v Ince,
2011 NBQB 324 (CanLII), per Grant J
9 months touching female while she was asleep
R v DT,
2011 ONCJ 545 (CanLII), per Dean J
18 months digital penetration; touching; victim was disabled by C.P.
R v McDonald,
2011 ABCA 307 (CanLII), per Bielby JA (2:1)
32 months attempted sexual assault; unlawful entry
R v Paulin,
2011 ONSC 5027 (CanLII), per Spies J
2 years less CSO attempted oral and anal intercourse
R v JW,
2010 NSPC 40 (CanLII), per Tax J
conditional discharge
R v Abdullahi,
2010 YKTC 76 (CanLII), per Cozens J
3 months CSO + probation The offender was a taxi driver who put the victim's hand on his groin area, exposed his penis and then put her hand on it. The offender had no record.
R v LP, 2009 BCPC 279 (CanLII), per Ellan J suspended The offender was convicted at trial of groping the victim and forcing her to touch him on one occasion.
R v CRP,
2009 ABPC 32 (CanLII), per LeGrandeur J
suspended Offender was flirting with 17 year old he knew for 8 years. He "momentarily touched her vaginal area outside her clothing, moving his fingers during the touch".
R v Chrispen,
2009 SKCA 63 (CanLII), per Hunter JA
9 month conditional 18 year old accused; fondled breasts of victim; no record
R v Goulet,
2008 MBPC 6 (CanLII), per Devine J
3 years grabbing a stranger in public, attempted to knock her out and sexually assault her; stopped by samaritans
R v A. (B.),
2008 ONCA 556 (CanLII), per Moldaver and Simmons JJA
3 1/2 years vulnerable victim; assault over 18 months
R v Dahouky,
2008 CanLII 19498 (ON S.C.), per McDermid J
9 months jail & probation failed attempt to penetrate victim while asleep
R v Calnen,
2008 NSCA 6 (CanLII), per Bateman JA
4 months conditional sexual touching of bottocks; accused impaired by alcohol at time
R v ADC,
2008 SKCA 108 (CanLII), per Richards JA
30 months fondling of sleeping victim while in drunk tank
R v Jennings-Grimwood,
2007 ONCJ 481 (*no CanLII links)
6 months jail & probation undress sleeping victim; ejaculated on her leg; no sexual intercourse
R v Roberge,
2007 ONCA 435 (CanLII), per curiam
3 years disabled victim passed out; appeal of conditional sentence
R v Rusk,
2007 ABCA 189 (CanLII), per Hunt JA
4 years fondling and attempted sexual assault of a spastic quadriplegic.
R v M. (D.),
2007 ONCA 690 (CanLII), per curiam
1 year child under age of 10; sexual touching; no record
R v Cook,
2007 ABPC 86 (CanLII), per Allen J
church minister sexually assaults two persons (age 13 and 20), not position of trust
R v Durnford,
2006 CanLII 34694 (NL P.C.), per Gorman J
9 months confined, fondled and undressed victim
R v Wark,
2006 ONCJ 197 (CanLII), [2006] OJ No 2202 (C.J.), per Brophy J
6 months age 25; no record; digital penetration
R v Iron,
2005 SKCA 84 (CanLII), per Sherstobitoff JA
20 months imprisonment victim passes out on bed during a party; offender digitally penetrates her and fondles her
R v Gilmour,
2005 ABQB 354 (CanLII), per Lee J
conditional discharge
R v PSB,
2004 NSCA 25 (CanLII), per Cromwell JA
25 months The offender was convicted for touching, masturbating and performing oral sex with his 4 year old son.
R v AJA,
2004 NSSC 242 (CanLII), per Cacchione J
12 months CSO The offender convicted of sexual touching. He lived with a child under the age of 14 and her mother. The child asked the accused to father her a child because they were "soul mates". He was 49 years old and had an unrelated record from over 25 years ago.
R v ASG,
2004 NSCA 7 (CanLII), per Cromwell JA
8 years (global) See Making Child Pornography (Sentencing Cases) for summary
R v MJH,
2004 SKCA 171 (CanLII), per Sherstobitoff JA
2.5 years victim passed out; offender found humping unconscious victim; removed victim's clothes
R v Stoney,
2004 ABPC 3 (CanLII), per Allen J
10 years Summary of case is pending. [per Allen PCJ]
R v Ingrey,
2003 SKQB 300 (CanLII), per Rothery J
12 months conditional discharge
R v Noiles,
2002 NSSC 112 (CanLII), per Wright J
8 years The offender was convicted of break & enter and sexual assault. He broke into the house of an elderly 74 year old female. He woke her up when he got on top of her and held her down. He was 35 years old and had a prior record with 6 break & enter, 3 sexual assaults including two of which were against elderly women.
R v DWG,
1999 ABCA 270 (CanLII), per Fraser CJ
3.5 years minus remand The victim was confronted by drunk husband. He slapped her, stripped her naked, choked her with one of his forearms across her throat, and, while lying on top of her, attempted to have sexual intercourse. He was too drunk to complete the sex act.
R v Van de Wiele,
1997 CanLII 9695 (SKCA), per Cameron JA
2.5 years offender, age 25, had drinks with victim at his house; attempted fondling and attempted penetration; victim got away; bruising found on victims body.
R v Cameron,
1995 CanLII 8967 (PE SCAD), 1995 CarswellPEI 47, [1995] PEIJ No. 163, 136 Nfld. & PEIR 105, per Carruthers CJ
12 months The offender was a doctor who touched several patients in a sexual manner.
R v Richardson,
(1992) 74 CCC 15 (Ont CA), 1992 CanLII 12753 (ON CA), per Carthy JA
2 years infatuated with victim, broke into apartment, offender was intoxicated former lover
R v Cameron
(1991) 75 Man. R. 290 (CA)(*no CanLII links)
3 years picked up victim in car and drove to isolated area
R v DAW
1991 CanLII 4533 (NSCA), per Matthews JA
8 months victim woke up to accused performing oral sex on her.
R v Atkins,
1988 CanLII 201 (NLCA), per Goodridge CJ
2 years three incidences over several years; fondling of 9 year old child

Sexual Assault, Weapons or Injuries

Sexual Assault Causing Bodily Harm

Case Name Prv. Crt. Sentence Summary
R v Vandermeulen,
2014 MBQB 116 (CanLII), per Suche J
MB SC 3.5 years (Sex Ass CBH)
6 months (assault CBH)
All offences committed against domestic partner.
R v R.L.W.
2013 BCCA 50 (CanLII), per Harris JA
BC CA 5 years (SA)
18 months (PCP)
R v Nelson
2012 ONSC 4248 (CanLII), per Wilson J
ON SC 5 years (sex assault CBH)
R v Welch
1995 CanLII 282 (ON CA), per Griffiths JA
ON CA 33 months (sex assault CBH) bruising on body

Sexual Assault with a Weapon

Case Name Prv. Crt. Sentence Summary
R v Doran,
2013 ONSC 5889 (CanLII), per Seppi J
ON SC 3 years (Sex Ass. w/ Weap.)
2 years (touching)
Offender touched genitals of 11 year old attempted to coax child into bedroom for sex while brandishing a knife.
R v Schira,
2004 ABPC 84 (CanLII), per Fradsham J
AB PC 14 years [per Fradsham PCJ]

Aggravated Sexual Assault

Case Name Prv. Crt. Sentence Summary
R v Desjarlais,
2017 SKQB 227 (CanLII), per Barrington-Foote J
SK SC 9 years
R v Hudson,
2017 MBPC 20 (CanLII), per Killeen J
MB PC 25 years
R v JCM,
2013 NSSC 126 (CanLII), per Bourgeois J
NS SC 12 years attack involved forced oral, anal and vaginal sex. Victim left with injuries including bruising and a fractured jaw.
R v Thomas,
2012 ONSC 1201 (CanLII), per MacDonnell J
ON SC 2 years less a day agg sexual assault by intercourse with HIV
R v ATR,
2011 BCPC 283 (CanLII), per Ellan J
BC PC 2 years joint rec.; HIV positive accused; not contracted by victims
R v Lemay,
2007 BCCA 501 (CanLII), per Newbury JA
BC CA 7 years Offender had anal intercourse with an infant child 12 times.
R v Ogushing,
2005 CanLII 633 (QC CQ), per LaFlamme J
QC SC 10 years
R v McAuley,
[2005] NSJ 153, NSSC 87 (CanLII), per Cacchione J
NS 7 years The offender was convicted of aggravated sexual assault relating to an attack on a female in her early 20s. He grabbed the victim while she was walking down the street, beat her, and then sexually assaulted her. The injuries required surgery. They did not know each other. He was 21 years old and had no criminal record.
R v Peskoonas,
1999 ABQB 411 (CanLII), per Wilkins J
AB SC Dangerous Offender Order
R v Griffin,
[1998] OJ No 5763 (*no CanLII links)
ON life guilty plea -- 20+ years of violent offences -- high risk to reoffend

Sexual Exploitation

Case Name Sentence Summary
R v Fisher,
2018 BCPC 210 (CanLII), per Hamilton J
20 months Summary of case is pending.
R v Pontbriand,
2014 QCCQ 443 (CanLII), per Beaulieu J
18 months (exploit)
20 months (sex assault)
The offender was found guilty of sexual assault and sexual exploitation. He was a gym teacher who began a sexual relationship with the student. Over two years.she was 30 years old and a mother of two young children. She was in a position of trust that she abused.
R v Miller,
2013 ABPC 323 (CanLII), per Bascom J
29 months (exploit)
1 day (breach)
The offender played guilty to sexually cetacean in breach of recognizance. He was the victim's grade 10 teacher and tutor. When the victim was great 11 hey sexual relationship began that included intercourse several times.
R v Aird,
2013 ONCA 447 (CanLII), per Laskin JA
1 year The offender was found guilty of sexual exploitation (X 2). He was a tutor for The 16-year-old victim. Over 15 months A sexual relationship again that included oral and vaginal sex.
R v M. (D.),
2012 ONCA 520 (CanLII), per Feldman JA
1 year The offender was als sentenced for sexual touching and sexual assault. The decision appealed from 2011 ONSC 3183 (CanLII) -- global sentence of 7 years
R v Hamade,
2012 BCPC 80 (CanLII), per Gardner J
21 days Summary of case is pending.
R v Hood,
2011 ABCA 169 (CanLII), per Martin JA
3.5 years Summary of case is pending.
R v CG,
2011 QCCQ 13551 (CanLII), per Lamontagne J
55 months The offender pleaded guilty to making child pornography and invitation to sexual touching. While he babysat his three year-old granddaughter he sexually abused her and videotaped it.
R v St. Michael,
2011 ONSC 449 (CanLII), per Ray J
3 years Summary of case is pending.
R v Gilbert,
2011 NBPC 10 (CanLII), per Brien J
7 years Summary of case is pending.
R v G(WR),
2011 BCPC 330 (CanLII), per Ellan J
1 year Summary of case is pending.
R v M(CB),
2010 BCPC 105 (CanLII), per Skilnick J
7 years The offender pleaded guilty to sexual assault (x 8), interference, exploitation and invitation to sexual touching. He was diagnosed with pedophilia. He was 42 years old.
R v JBS,
2009 ABCA 347 (CanLII), per curiam
6.5 years The offender was a stepfather of the victim, he had daily sexual intercourse with 14 year old daughter. Crown appeal from 10 months sentence.
R v AB,
2006 CanLII 31608 (ON SC), per Dambrot J
Summary of case is pending.

Commodification of Sexual Services

Case Digests

Case Name Sentence Summary
R v Mercer,
2017 NSPC 20, per Williston J
$500 fine
R v Baxter,
2019 NSPC 8 (CanLII)(complete citation pending), per van der Hoek J
2 months, 1 year probation

Procuring and Living on the Avails of Prostitution





Procuring

Case Name Sentence Summary
R v McPherson,
2013 ONSC 1635 (CanLII), per Baltman J
3 years Offender procured 19 year old girlfriend into prostitution.
R v Newman,
2009 NLCA 32 (CanLII), per Welsh JA
36 months

Seeking Services of Under-age Prostitutes

Case Name Sentence Summary
R c Boutin,
2012 QCCQ 5603 (CanLII), per DeCoste J
2 years
R v Johnson,
2008 SKQB 244 (CanLII)
9 months the offender offered the complainant sex in exchange for money and a job--offender was a gas station manager, prior record for interference--occurred over 3 years--video taped sex acts, including mutual masturbation and fellatio--also convicted of making child pornography (3 months)
R v Woodward,
2011 ONCA 610 (CanLII), per Moldaver JA
5.5 years
R v Wasser
2007 CanLII 23491 (ON SC), per Kiteley J
offender participated in sex with bondage with a 15 year old, spurred on by an 18 year old pimp--offender was unemployed trained engineer
R v Whitefish,
2007 SKCA 79 (CanLII), per Wilkinson JA
18 months 7 months credit given, offender offered $40 for sex with adopted step-sister 15 years old--confronted by wife, offender assaults her causing bodily harm
R v S. (G.E.),
2007 MBCA 105 (CanLII), per Monnin JA
1 year CSO offender met complainant through internet, offered a laptop for fellatio
R v Vanoirschot,
2006 SKCA 130 (CanLII), per Lane JA
4 months offender was 61 years old, no record--unsuccessful in trying to purchase sex from 17 year old prostitute
R v Aldea,
2005 SKQB 461 (CanLII), per Zarzecny J
12 months The offender picks up two underage prostitutes aged 16 and 17. They performed oral sex for money. Offender was a Catholic Priest.
R v Goohsen,
2000 SKCA 37 (CanLII), per Tallis JA
4 month CSO
R v Kim,
2000 BCSC 1506 (CanLII), per Dillon J
2.5 years over a year, the offender picked up young prostitutes under 15, had sex with them and then threatened or assaulted them--paedophelic tendencies--2 years remand credit--also convicted of sexual assault, assault, threats and other offences.
R v Nathoo,
1999 ABCA 60 (CanLII), per Picard JA
90 days undercover officer posed as 17 year old girl
R v Maheu,
1997 CanLII 10356 (QC CA), (1997), 116 CCC (3d) 361 (Que. C.A.), per Rousseau-Houe JA
12 months teacher invited student to home, leant money and resulted in sexual activity. No remorse.
R v Kowtalo,
(1993), 85 Man. R. (2d) 239 (Man. C.A.)(*no CanLII links)
60 days involved "streetwise" victims, no record.
R v MAR,
1990 CanLII 4257 (NS CA), per Hart JA
6 months each two instances of soliciting sex from boys under 16.

Procuring and Controlling Under-age Prostitutes

Case Name Sentence Summary
R v Ackman,
2016 MBQB 109 (CanLII), per Martin J
15 years (global)
6 years (avails)
2 years (proceeds)
sex assault (3.5 to 4 years)
2 years (child porn)
R v Bloomfield,
2016 ONCA 447 (CanLII), per curiam
18 months The offender was convicted at trial of procuring a 14 year old female to become a prostitute. He was a youthful first time offender.
R v Byron, 2014 ONSC 990 (CanLII) 6 years procuring, living off avails and aiding person under age of 18 to engage in prostitution. Also convicted of human trafficking.
R v Husain,
2012 ONCA 697 (CanLII)
5 years, 2 months (global) The offender was convicted of sexual assault and procuring a person under the age of 18 years.
R v Tynes,
2010 QCCQ 11298 (CanLII)
34 months (global)
R v B.(K.) (2004), 184 CCC (3d) 290, 2004 CanLII 36124 (ON CA) 4.5 years living off avails of prostitutes under the age of 18. Overturned sentence of 5 years.
R v Barrington (2004), 25 C.R. (6th) 70(*no CanLII links) 12 to 18 months living off avails. discussion of ranges
R v Ng (2008), 241 CCC (3d) 340, 2008 BCCA 535 (CanLII) 12 to 18 months (procure x2)
12 months (keeping)
R v Martinez
1994 CanLII 4480 (NL SCTD)
3 years (global)
R v Sampson,
[1994] NSJ No. 355 (T.D.), 1994 CanLII 7589 (NS SC)
3.5 years Offender exercised control and lived on avails of 15 year old prostitute for several months.

Offender was 21 years old with an extensive criminal record, mostly for drug offences.

R v Grouse
1994 CanLII 414 (ON CA),
(1994), 71 O.A.C. 79
9 years (global)
4 years (sex-related offences)
5 years (assault CBH)
Offender kept prostitutes in a state of near-slavery for 3 years
R v Bottyan,
[1994] AJ No 347 (C.A.), 1994 ABCA 163 (CanLII)
8 years Offender was pimping several 14 year old girls, used violence at least once. Offender had a prior criminal record.
R v Beals
1993 CanLII 4561 (NS SC), (1993),
124 N.S.R.(2d) 77 (T.D.)
7 years (global) Offender control and lived off avails of 17 year old prostitute. Offender was 36 years old and had extensive record including aggravated assault and obstruction.
R v Glasgow and Horne
[1993] OJ No 1502(*no CanLII links)
3 to 3.5 years Offenders recruit 16 year old female as a "love slave". Offenders were 27 and 28 years old.
R v Harris,
[1991] OJ No 2578(*no CanLII links)
2, 3 years (avails)
8 years (global)
Offender operated a sophisticated call girl system and bawdy-house with teen prostitutes. Offender was 28 years old with no record.
R v Brown
(1991), 118 A.R. 72 (Alta. P. Ct.)(*no CanLII links)
2.5 years Offender procured a 17 year old female to become a prostitute for 3 weeks. Offender was 21 years old.
R v Downey
1990 CanLII 2377 (NS CA),
(1990), 95 N.S.R.(2d) 32 (App. D.)
16 months (global)

Offender procured a 17 year old female as prostitute for several weeks. He threatened her not to leave. Offender was 21 years old with good employment history.

R v David
(1989), 90 N.S.R.(2d) 97 (App. D.)(*no CanLII links)
3 years (avails)
1 year (control)
Offender recruited a 16 year old female as prostitute for 4 days. No coercion found. Offender was 33 and had prior conviction for avails.

See Also

Attempts and Accessories After the Fact

Sentences

Case Name Sentence Summary
R v Hynes,
2014 NSSC 119 (CanLII), per Edwards J
3 years Offender helped principle roll up body into a carpet. Offender fearful due to principal's reputation for violence.
R v Gwyn,
2009 ABPC 212 (CanLII), per Fradsham J
6 years Offender assisted in disposing of body, thought of idea to burn it.
R v Steadman,
(2008) BCJ 2284, 2008 BCSC 1613 (CanLII), per Barrow J
4 years offender helped dismember body and dispose of evidence
R v Gowen,
2011 NSSC 259 (CanLII), per Hood J
3 years Offender assisted principle in creating alibi for homicide. Offender plead guilty early on.
R v G.,
2006 NSPC 58 (CanLII), per MacDougall J
2 years less a day CSO (accessory x 2) Record:Impaired; drug poss'n; driving while disqual. Orders: firearms prohibition; DNA
R v Tutin,
2004 NWTSC 20(*no CanLII links)
3.5 years Offender assisted in disposing and moving body
R v Dow,
2003 NSSC 82 (CanLII), per Wright J
R v Nolan,
2001 BCCA 354 (CanLII), per Ryan JA
R v Campbell,
[2001] NSJ No. 410, 2001 CanLII 25674 (NSSC), per Gruchy J
3 years (JR) Offender assisted in cleaning up the body and blood.
R v Lowe,
1998 CarsellBC 2575, 1998 CanLII 5350 (BC SC), per Preston J
1 year CSO Offender helped put body in barrel under threats. The offender was 54 years old at the time and retired.
R v Beam,
(1994) OJ 1359 (Gen. Div.)(*no CanLII links)
15 months Offender assisted in cleaning up location of murder and move body
R v Wisdom,
1992 CarswellOnt 1757 (Gen.Div.)(*no CanLII links)
5 years Offender hired the killer to get money from the victim. Offender orchestrated disposal of body.
R v Kuzniak,
1989 60 Man. R. (2d) 270 (MBCA)(*no CanLII links)
R v Drew,
(1989) 7 WCB (2d) 394 (NSSC)(*no CanLII links)
R v Murdoch,
(1988) 5 WCB (2d) 341(*no CanLII links)
R v Ropchan,
1986 CarswellYukon 54, 1 YR 225(*no CanLII links)
3 months The offender witnessed murder, helped get rid of evidence and then refused to cooperate with police as a witness. He feared for his life. No prior record.

Gambling-related Offences

Case Digests

FULL TEXT VOL 6

Common Assault

Common Assault

Case Name Sentence Summary
R v Reid(Conway),
2014 CanLII 22078 (NL PC), per Porter J
150 days (assault)
60 days (threats)
biting victim.
R v Chisholm,
2012 NBQB 389 (CanLII), per Morrison J
6 months Offender plead guilt to kicking and punching the victim at a casino. He was 22 years old aboriginal with a prior related record.
R v Norman,
[2011] N.J. No. 214 (P.C.)(*no CanLII links)
1 month pushing into snowbank and holding down
R v Roefaro,
2011 BCPC 278 (CanLII), per Meyers J
3 years beating over 3 hours; gay victim; broken ribs, teeth
R v Rautenberg,
2011 BCPC 259 (CanLII), per MacKay J
12 months
R v Wells,
[2011] NJ 140(*no CanLII links)
Suspended Sentence punch in side of head, no record, D sought discharge
R v Coleman,
[2010] NJ 87 (*no CanLII links)
20 days grabbing victim by hair , no record, D sought discharge
R v Hickey,
2010 CanLII 57635 (NL PC), [2010] NJ 88, per Porter J
6 months self-choking gesture while uttering threat
R v Lyver,
[2010] NJ 92, 2011 CanLII 54511 (NL PC), per Gorman J
6 months 2 assaults after unlawfully entering house, masked
R v Newman,
2009 NLCA 32 (CanLII), [2009] NJ 201, per Welsh JA
3 months threw victim against wall
R v Manning,
2009 CanLII 33466 (NL PC), [2009] NJ 167, per Porter J
5 months strike to face
R v Withrow,
2008 NSPC 28 (CanLII), per Campbell J
6 months punch victim in face, breaking false teeth and knocking him to the floor
R v Metzler,
2008 NSCA 26 (CanLII), per Bateman JA
22 weeks assault causing bodily harm; swarming
R v Koc,
2008 NLTD 97 (CanLII), [2008] N.J. No. 161 (S.C.), per Goulding J
discharge appeal from 14 day CSO, would be deported if CSO sentence
R v O'Soup,
2011 SKCA 97 (CanLII), per Caldwell JA
6 months Causing bodily harm; kicked bouncer in head after he passed out
R v SG,
[2006] NJ 266(*no CanLII links)
Suspended Sentence pushing against wall, no record, D sought discharge
R v Tobin,
2005 CanLII 8659 (NL PC), per Porter J
4 months assault, uttering threats, mischief and several breaches

Assault and Assault with a Weapon

Case Name Sentence Summary
R v Do,
2018 BCCA 229 (CanLII), per Stromberg-Stein JA
18 months The offender was convicted at trial of assault causing bodily harm, assault with a weapon, possession of weapon for a dangerous purpose, and uttering threats.
R v Bryce,
2013 ONSC 2637 (CanLII), per Ricchetti J
18 months + P assault with brass knuckles. Offender has extensive record for violence.
R v Bolton,
2012 SKQB 180 (CanLII), per Chicoine J
12 months assault with a chain
R v Biemans,
2012 BCPC 95 (CanLII), per Woods J
7 days drove into victim with car
R v Cardinal,
2012 ABCA 102 (CanLII), per Rowbotham JA
30 months assault with a weapon, unlawful confinement, choking and uttering threats conviction
R v Oladimeji,
2012 ONCA 19 (CanLII), per curiam
28 months assault with a brick during a drug deal; prior related record;
R v MP,
2011 BCPC 380 (CanLII), per Bennett J
3 years assault with a pool cue in the forenic hospital
R v Wells,
[2011] N.J. No. 140(*no CanLII links)
90 days hitting the victim with a pool cue
R v Hollett,
[2011] N.J. No. 327, 2011 CanLII 55968 (NL PC), per Orr J
6 months assault while possessing a baseball bat [per Orr J]
R v Pollock,
[2011] N.J. No. 259, 2011 CanLII 42630 (NL PC), per Hyslop J
10 months fired a pellet gun at a police officer [per Hyslop J]
R v Phillpot,
[2011] N.J. No. 71(*no CanLII links)
14 months stabbed victim in hands
R v Wells,
[2007] N.J. No. 354, 2007 CanLII 42203 (NL PC), per Orr J
12 months stabbing [per Orr J]
R v Nichol,
[2007] N.J. No. 53, 2007 NLTD 35 (CanLII), per O’Regan J
10 months remand threated victim with needle. [per O'Regan] J
R v Poker,
[2006] N.J. No. 285, 2006 NLTD 154 (CanLII), per Fowler J
2 years stabbing
R v Capstick,
2006 NSSC 33 (CanLII), per Cacchione J
discharge Offender assaulted his child. He was in a position of trust to victim. No prior record.
R v Manning,
[2005] N.J. No. 234(*no CanLII links)
12 months hit the victim in the head with a beer bottle.
R v Molloy,
[2005] N.J. No. 309, 2005 NLTD 172 (CanLII), per Dymond J
7 months hit the victim with a stick and a piece of baseboard. [per Dymond J]
R v Kerrivan,
[2004] N.J. No. 208, 2004 NLSCTD 112 (CanLII), per Barry J
14 months pointed a firearm at the victim. [per Barry J]
R v Anderson,
[2004] N.J. No. 246(*no CanLII links)
3 months threatened the police with a knife
R v Lewis,
[2002] N.J. No. 114, 2002 CanLII 54024 (NL SC), per Handrigan J
18 months offender cut the victim's throat with a knife.
R v Sheppard,
[2002] N.J. No. 350(*no CanLII links)
8 months throwing a post through window of victim's home
R v Lewis,
2002 CanLII 54024 (NL SCTD), per Handrigan J
18 months and 3 yrs prob. The offender was convicted of assault with a weapon, common assault, and uttering threats. He cut his brother's throat with a knife and punched his father in the head. He was 29 years old with a lengthy criminal record and had a history of violent behaviour. Judge also ordered DNA Order.
R v Savchenko,
[2000] N.J. No. 213, 2000 CanLII 28797 (NL SC), per Adams J
2 months CSO threatened the victim with knife.

Assault Causing Bodily Harm

Case Name Sentence Summary
R v Espinosa Ribadeneira,
2019 NSCA 7 (CanLII)(link pending), per Oland JA
discharge The offender was convicted of assault CBH x 2 and unlawfully in a dwelling.
R v Moore,
2018 NSSC 148 (CanLII), per Campbell J
1 year
R v O'Loughlin,
2017 ONCA 89 (CanLII), per curiam
20 months The offender was convicted at trial for being a participant in a prison beating of another inmate.
R v Gomez,
2017 BCPC 7 (CanLII), per Rideout J
6 months The offender got into a fight with the victim in the street after leaving a nightclub. He was 25 years old and had no criminal record.
R v Forsythe,
2016 BCPC 202 (CanLII), per Challenger J
18 months + Prob. The offender got into a fight with a stranger in the street. He punched him in the head and kicked him while on the ground. He was 28 years old at the time.
R v Downton,
2016 CanLII 30470 (NL PC), per Goulding J
3 months (assault)
fine (breach x 3)
The offender pleaded guilty to assault causing bodily harm against his intimate partner, breach of undertaking and recognizance. Domestic violence court.
R v Chartrand,
2015 MBCA 2 (CanLII), per Steel JA
5 months The offender was convicted of assault causing bodily harm. The court overturned a sentence of nine months incarceration. He was one of three persons who beat the victim in a bar brawl. The offender was the least culpable of the three. Two years probation was ordered. He had no record of violence and no convictions for six years.
R v Getachew,
2013 ONSC 3219 (CanLII), per Campbell J
4.5 months
R v Reesor,
2012 ABPC 163 (CanLII), per AJ Brown J
90 days
R v SCR,
2012 BCPC 122 (CanLII), per De Couto J
4 years
R v Gladue,
2012 ABCA 118 (CanLII), per curiam
11 months offender and victim having house party, both age 23 and intoxicated, victim urinates on carpet and a woman knocks him out--offender beats victim while unconscious--aboriginal background
R v Lundrigan,
2012 CanLII 13515 (NL PC), per Porter J
9 month CSO strike once to face causing broken cheek bone, needed facial reconstructive surgery, dated prior offence, summary election.
R v Little,
2012 ONCJ 210 (CanLII), per De Filippis J
4 months offender punched victim in face during cottage party, breaking jaw-some provocation--offender had prior youth record for dangerous driving causing death
R v Spoljarich,
2007 SKCA 112 (CanLII), per Richards JA
19.5 months serious beating on another inmate in jail, punching and kicking in face--offender broke nose--offender was 48 years old, had prior record of four assaults causing bodily harm
R v Bodnaruk,
2002 SKCA 21 (CanLII), per Jackson JA
3 years The offender was convicted of two counts sexual assaults, one assault causing bodily harm, one assault with a weapon, one common assault, and two charges of uttering threats. Over four nights in a six month period he would hire a prostitute and then assault or sexually assault them. He was 21 years old he expressed remorse on appeal.
R v Swenson,
[1994] 9 W.W.R. 124, 91 CCC (3d) 541, 1994 CanLII 4683 (SK CA), per Vancise JA
Suspended Sentence appeal from 6 months jail sentence. Offender was a bar bouncer who attempted to break up a fight, choked customer to unconsciousness, dropped him on pavement breaking his teeth.
R v Smith,
114 Nfld. & P.E.I.R. 82(*no CanLII links)
Discharge Offender was a bar door man who was taunted by the victim who was on a pub crawl. Offender kicked victim out of the bar and held door closed to prevent him from getting back in, when victim tried to get back in the offender assaulted him.

Domestic

Case Name Sentence Summary
R v Singh,
2014 ONSC 3565 (CanLII), per Campbell J
4 months + Pr assault domestic partner twice, including once with a weapon.
R v Manning,
2014 CanLII 5265 (NL PC), per Porter J
9 months (CBH)
7 months (breach x2)
Single punch to face, required stitches. Offender had long record.
R v Boland,
2012 BCPC 57 (CanLII), per Gove J
absolute discharge put hand over mouth, during domestic argument
R v Grossetete,
2012 NWTCA 2 (CanLII), per Hunt JA
13 months 2 assaults
R v Sydney,
2012 NSPC 93 (CanLII), per Tax J
CSO
R v Pumphrey,
[2011] N.J. No. 129 (P.C.)(*no CanLII links)
90 days + Probation assaulting of former partner and uttering a threat, offender pushed victim against a bathtub, strangled, and threatened to kill her.
R v Major,
[2011] N.J. No. 122 (P.C.)(*no CanLII links)
60 days CSO + probation domestic assault. He struck her and pulled her hair.
R v Marsh,
[2011] N.J. No. 440 (P.C.), 2011 CanLII 80150 (NL PC), per Gorman J
6 months the offender grabbed victim by arm and hair, shook her head, putting it towards floor. Then offender hit victim in eye with open hand and then hit her on left side of jaw.
R v Wardak,
2011 ONCJ 583 (CanLII), per Wright J
90 days domestic assault; uttering threats; no prior record
R v Sidhu
2011 ONCA 139 (CanLII), per curiam
R v Granger,
2011 ONCA 537 (CanLII), per curiam
18 mo jail conviction at trial, choking, threatening
R v McGrath,
2009 NLTD 45 (CanLII), per Butler J
2 month CSO Two instances of assault, pulled her by the hair across a table, lifter her by the neck and pinned her against wall. Alcohol was factor in first instance.
R v JK,
2010 NLTD 125 2010 NLTD 125 (CanLII), per Faour J
39 months global several assaults over 5 months; aggravated assault, unlawful confinement
R v Kopriva,
2008 ONCA 54 (CanLII), per curiam
12 months sixth assault conviction, third against victim
R v Aymont,
2008 ABPC 285 (CanLII), per Ogle J
15 month discharge
R v Louison,
2008 SKCA 69 (CanLII), per Wilkinson J
24 months two prior domestic assault convictions, including scaring. Two sets of assaults against same person.
R v R(BS),
(2006), 81 O.R. (3d) 641 (C.A.), 2006 CanLII 29082 (ONCA), per Cronk JA
R v States,
(2006), 214 O.A.C. 106 (C.A.), 2006 CanLII 25973 (ONCA), per curiam
R v Campbell,
2007 ONCA 313 (CanLII), per curiam
2 years assault causing harm; long record of violence; sparked by a racial slur
R v Julian,
2006 NSPC 67 (CanLII), per Derrick J
14 mo and probation two assault on same victim; lasting injuries
R v Hanson
2006 YKTC 43 (CanLII), per Ruddy J
conditional sentence order
R v GC,
2005 NLTD 35 (CanLII), per LeBlanc J
45 months aggravated assault; assault with a weapon; alcohol involved
R v Francisco (E.N.),
2005 MBCA 110 (CanLII), per Hamilton JA
4 months The offender was convicted of assaulting his wife and choking her to overcome resistance. The Court reduced the sentence from 11 months.
R v Heavyrunner,
2004 ABCA 15 (CanLII), per Rowbotham JA
2 years suspended sentence 2 domestic assaults; significant amount of rehabilitation
R v Ochuschayoo,
2004 SKCA 16 (CanLII), per Tallis JA
3 years assault causing; long record
R v MacDonald,
2003 NSCA 36 (CanLII), per Bateman JA
22 months assault causing
R v Morgan,
[2003] NJ 341 (NLSC)(*no CanLII links)
discharge (JR) offender dragged spouse across floor. no record.
R v R v Smith, 1999 CanLII 1544 (ON CA), per curiam 9 months The offender pleaded guilty to pointing a firearm, assault causing bodily harm (x2), and assault (x3) against his spouse. He had no prior record. He was remorseful and did counselling.
R v Cook
(1996), Sask R. 16 (CA), 1996 CanLII 4972 (SK CA), per Tallis JA
1 year punched wife in eyes and hit her with bottle on head; extensive record of violence [per Tallis JA]
R v Pardy,
(1996), 145 Nfld. & P.E.I.R. 78 (N.L.S.C.), 1996 CanLII 11686 (NL SC), per Easton J
21 days jail pushing girlfriend to the ground and kicking her [per Easton J]
R v Bonneteau,
1994 ABCA 327 (CanLII), per Hetherington JA
two years less one day 3 assault causing bodily harm over 2 years
R v Pitkeathly
1994 CanLII 222 (ONCA), per curiam
8 years aggravated assault
R v Greene
1993 CanLII 1021 (BC CA), per Taggart JA
1 year with 2 years probation bouncer argues with wife, slams head into tree and retaining wall; pulled by hair; age 26; limited record
R v Coleman
1992 CanLII 2589 (NS C.A.), per Hallett JA
12 months aggravated assault
R v Brown, Highway, Umpherville
(1992), 73 CCC 242 (Alta. CA), 1992 ABCA 132 (CanLII), per curiam
18 mo/18mo/3 years 3 separate cases; history of violence
R v Nolan
(1990), Sask. R. (CA), 1990 CanLII 7761 (SK CA), per Tallis JA
6 months struck wife; was on probation for violence against V at time
R v Ayles
(1989) NSCA (*no CanLII links)
12 months two counts of violence for assaulting wife; punch to nose and choking; in presence of children; prior record of violence
R v Inwood,
1989 CanLII 263 (ON C.A.), per Howland CJ
30 days and probation
R v Petrovic
(1984), 47 O.R. (2d) 97 (C.A.), 1984 CanLII 2003 (ON CA), per Lacouriere JA

Child victim

Case Name Sentence Summary
R v RGB,
2017 ABCA 359 (CanLII), per curiam
2 years less a day The offender was intoxicated and hit a 1 year old child in his custody.
R v Rochon-frosk,
2017 MBPC 14 (CanLII), per Martin J
6 years The offender pleaded guilty to assault causing bodily harm and failure to provide necessities of life.
R v Berg,
2017 SKPC 11 (CanLII), per Kovatch J
CSO The offender convicted of assault causing bodily harm on infant daughter
R v Bowden,
2015 NSPC 13 (CanLII), per Derrick J
18 months
R v Tremblay,
2013 BCPC 38 (CanLII), per Chen J
15 days Offender was a hockey coach of an under 14 year old team, he berated two players during a match and then tripped two of them during the ceremonial handshake. Offender had a prior discharge for assault that was recent.
R v DM,
2012 ONCJ 478 (CanLII), per Lalande J
12 months
R v Gallant,
2012 CanLII 21016 (NL PC), per Gorman J
3 months hit and kick in face of 14 year old
R v C(YJ),
2012 ONCJ 25 (CanLII), per Harris J
cond. Disch. assault of 10 year old son; immigration implications of criminal record
R v CGO,
2012 BCCA 129 (CanLII), per Bennett JA
2 years less a day CSO The offender pleaded guilty to aggravated assault and failure to provide necessities of life.
R v Randell,
2011 CanLII 57525 (NL PC), per Gorman J
S/S 12 mo punch to child; struggle; dated prior record
R v JB,
[2011] N.J. No. 164 (P.C.)(*no CanLII links)
14 day CSO offender assaulted his wife and daughter while on conditions to have no contact--he pushed daughter against bed headboard.
R v JTR,
[2011] N.J. No. 339 (P.C.)(*no CanLII links)
Suspended offender struck son's arm to release grip on arm
R v Hardwood-Jones,
2010 MBQB 8 (CanLII), per Martin J
18 months The offender was convicted of aggravated assault against a 4 month old child.
R v Samms,
[2010] N.J. No. 202 (P.C.), 2010 CanLII 31277 (NL PC), per Gorman J
6 mo CSO
R v Sharpe,
2010 ABQB 576 (CanLII), per Burrows J
2 years less a day CSO . The offender was convicted of aggravated assault.
R v Stacey,
[2009] N.J. No. 257 (P.C.), 2009 CanLII 51222 (NL PC), per Porter J
6 mo jail
R v McCauley,
[2007] OJ No 1593, 2007 CanLII 13937 (ON SC), per Hill J
12 months The offender was convicted of aggravated assault against her infant child.
R v MJS,
2006 ABCA 176 (CanLII), per Fruman JA
18 months
R v DP,
[2004] N.J. No. 38 (P.C.)(*no CanLII links)
Suspended Sentence
R v WL,
[2004] N.J. No. 44 (P.C.)(*no CanLII links)
60 days offender threw step-son down stairs and damaged residence
R v Bourgeois,
2001 ABPC 155 (CanLII), per Stevenson J
4 years The offender pleaded guilty to aggravated assault.
R v Burke,
[1996] N.J. No. 179 (C.A.), 1996 CanLII 11083 (NL CA), per Gushue CJ
discharge assaulted child at orphanage, appeal from 1 month sentence [per Gushue CJN]

Assault by persons in authority

Case Name Sentence Summary
R v Bal
2013 BCPC 21 (CanLII), per Fratkin J
Suspended RCMP officer hit a detainee in the head and pushed his face into asphalt.
R v Lozada,
2013 ONCJ 770 (CanLII), per Perkins-McVey J
CSO The offender was a caregiver for elderly. He assaulted a 90 year old patient.
R v Banks
2012 NBQB 133 (CanLII), per McLellan J
60 days prison guard assaults inmate
R v Ens and Moyse
2011 MBQB 301 (CanLII), per Schulman J
21 days CSO
R v Lepine
 2010 ABPC 374 (CanLII), per Rosborough J
4 months CSO
R v Byrne
 2009 ONCA 134 (CanLII), per Feldman JA
90 days
R v Carrigan
[2009] N.J. No. 305 (P.C.), 2009 CanLII 59434 (NL PC), per Pike J
correctional officer assaults inmate causing bodily harm, public trust, discharge rejected
R v Gillan
 2009 BCPC 241 (CanLII), per Watchuk J
21 days CSO
R v Feeney et al.
 2008 ONCA 756 (CanLII), per curiam
30 to 60 days
R v Ens, 2006
2006 ABPC 164 (CanLII), per JDB McDonald J
CSO The offender was a security guard
R v Langlois
 2004 BCPC 195 (CanLII), per Bagnall J
21 days CSO
R v Williams,
2004 ONCJ 261 (CanLII), per Agro J
CSO The offender assaulted the victim while on duty as peace officer
R v Nixon
 1991 CanLII 905 (BC CA), per Cumming JA
9 months
R v Bottrell
 1981 CanLII 352 (BC CA), per Laycraft JA
45 days
R v Cusack
 [1978] NSJ No. 538 (QL), 41 CCC (2d) 289 (C.A.), 1978 CanLII 2283 (NS CA), per Hart JA

Assault Peace Officer

Spitting

Case Name Sentence Summary
R v Beaudin,
2012 ONCA 615 (CanLII), per curiam
12 months long record
R v McLeod,
2009 SKPC 85 (CanLII), per Morin J
6 months spitting in eye of officer
R v Charlette,
2010 SKCA 78 (CanLII), per Jackson JA
60 days spit in face; possible contagious disease
R v Wiersema,
2009 YKTC 6 (CanLII), per Cozens J
spit on officer while bleeding; had communicable disease
R v Ali,
2006 ABQB 805 (CanLII), per Lee J
4 months jail spit on officer; extensive record
R v Beuk
(2005), 2005 CarswellOnt 1674 (ONSC)(*no CanLII links)
suspended spat in face of breath-tech during impaired investigation
R v CEK,
2002 ABCA 295 (CanLII), [2002] A.J. No.1519, per Conrad JA
12 months while being arrested accused spat at officer--offender was 22 years old, previous record for assault
R v Joseph,
[2001] OJ No 5726 (Ont.C.J.)(*no CanLII links)
4 months jail spitting on officer; related to charges of uttering threats, breach of probation; record of violence; "uncontrollable" in community
R v Ryan,
[2001] OJ No 5069(*no CanLII links)
3 months spitting at a police officer
R v Raycraft,
[1995] OJ No 3958 (*no CanLII links)
4 months spat at peace officer during crowd control

Physical Violence

Case Name Sentence Summary
R v Baines,
2013 ABPC 92 (CanLII), per Van de Veen J
9 months kicked officer in face causing bodily harm
R v Boden,
2012 BCPC 331 (CanLII), per Giardini J
3 months also sentenced to sexual assault x 2--altercation while police arresting him, officers had guns drawn, he ran at them.
R v McArthur,
2010 SKCA 90 (CanLII), per Klebuc CJ
24 months appeal from 12 month sentence; also involved assault causing and mischief against police officer
R v Bougerois,
2012 ABQB 255 (CanLII), per Park J
discharge while intoxicated grabbed officer's groin, tried to kick him, no injuries sustained
R v Patton,
2011 ABCA 199 (CanLII), per curiam
48 months jail
R v Gardner,
[2011] N.J. No. 41, 2011 CanLII 4709 (NL PC), per Gorman J
1 mo CSO tried to bite and pull hair of officer, no injuries--also charged with violence-related offences and mischief
R v Nehass,
2010 YKTC 64 (CanLII), per Ruddy J
6 months offender was serving a sentence at the time--throwing urine, kicking and punching peace officers--
R v Markozashvili,
2010 ONCA 52 (CanLII), per curiam
90 days offender convicted of dangerous driving causing bodily harm--assaulted officer while resisting arrest
R v Beauprie,
2009 ABQB 323 (CanLII), per Moen J
14 days offender assaulted officer while resisting arrest, no injuries. Offender was 24 years old and initially arrested for mischief and intoxication. No prior record.
R v Jacobish,
2008 NLTD 148 (CanLII), per Goodridge J
120 days officers were removing him from a house, hit one with a snowmobile belt and punched another

on.

R v Crothers,
2007 NBQB 237 (CanLII), per Cyr J
10 months unprovoked assault on prison guard, with multiple hits
R v Chocolate,
2005 NWTSC 80 (CanLII), per Foisy J
2 years less a day
R v Legrandeur,
2006 BCSC 227 (CanLII), per Warren J
suspended pushed officer in moment of anger
R v Grossman,
2004 BCPC 236 (CanLII), per Challenger J
1 year pepper sprayed police officer and his dog

Disarming Peace Officer and Related Offences

Case Name Sentence Summary
R v Brown,
2018 ABPC 10 (CanLII), per Van Harten J
2 years + probation The offender plead guilty to assaulting a jail guard. He was party to a group assault on a corrections officer that involved punches and kicks and beating him with his own handcuffs. The whole incident lasted 36 seconds.


Criminal Harassment

Case Digests

Case Name Sentence Summary
R v EC & DP,
2018 CanLII 14036 (NL PC), per Gorman J
4 months CSO Summary of case is pending.
R v Wade,
2016 SKQB 177 (CanLII), per Zuk J
Suspended The offender plead guilty to harassment for making persistent emails of her son. She was 61 years old and self employed as an editor. She had a prior related record.
R v Kapoor
2012 ABPC 299 (CanLII), per Fradsham J
9 months
R v Wall,
2013 SKQB 239 (CanLII), per Keene J
4 months CSO + 1 yr prob. The offender was convicted of harassment for making several hundred phone calls to the victim. He banged on the complainant's door for 2 hours. He had an unrelated record for assault causing bodily harm. Judge also imposed 10 year firearm prohibition.
R v Hildebrandt,
[2012] OJ No 1157, 2012 ONSC 1685 (CanLII), per Blishen J
Suspended
R v Frank
2012 NSPC 5 (CanLII), per Derrick J
offender called victim dozens of times--related record for harassment of daughter--also convicted for contact breaches
R v May,
2012 ONSC 6797 (CanLII), [2012] OJ No 5673, per Heeney J
discharge
R v Morton
2011 ABCA 352 (CanLII), per Paperny JA
18 months harass over 3 years
R v Regula
2012 ABPC 62 (CanLII), per Sully J
Suspended criminal harassment, no record, plead guilty, age 21.
R v Pletz,
2010 SKQB 14 (CanLII), per Malone J
3 months CSO + 3 yr prob. The offender was convicted of harassment for writing letters to the victim's mother and employer. He also parked his car near the victim's house.
R v Jeffries,
[2010] OJ No 3108 (*no CanLII links)
suspended
R v Lauzon,
2009 ONCJ 666 (CanLII), [2009] OJ No 5830, per Brophy J
suspended
R v Devereaux,
2007 CanLII 18 (NL PC), [2007] N.J. No. 4, per Porter J
Suspended
R v Brake,
2007 CanLII 43483 (NL PC), per Porter J
12 months + Pr The offender was convicted of harassment in relation to his ex-wife. He had repeatedly called her. He had a significant criminal record.
R v Marsden,
[2004] BCJ No. 2112, 2004 BCPC 369 (CanLII), per Kitchen J
discharge
R v Kelly,
[2004] N.J. No. 18 (P.C.), 2004 CanLII 18861 (NL PC), per Porter J
30 days "The accused had parked outside the victims’ house and contacted her by telephone."
R v Strickland,
[2004] N.J. No. 368 (P.C.), 2004 CanLII 34911 (NL PC), per Porter J
6 months "The offender had left a message on the victim’s answering machine indicating that: 'if I can't have you, then nobody will.'"
R v Basha,
2002 CanLII 23570 (NL PC), per Gorman J
5 months + Pr
R v Simms,
2002 CanLII 14769 (NL PC), per Gorman J
5 months + Pr
R v Biden,
2001 SKCA 7 (CanLII), per Vancise JA
6 months CSO The offender was convicted of criminal harassment. He wrote multiple disparaging letters to the victim, her family, friends and employer, attempting to assassinate her character. He also followed the victim at home and work.
R v Bailey,
1998 CanLII 13318 (NL CA), per Cameron JA (2:1)
6 months CSO + Pr
R v Meehan,
[1998] N.J. No. 3, 1998 CanLII 13314 (NL SC), 1998 CanLII 18761 (NL SC), per Barry J
9 months CSO + Pr

Abandoning Child

Case Digests

Case Name Sentence Summary
R v GKJ,
2006 ABPC 72 (CanLII), per Fradsham J
9 months + Probation The offender pleaded guilty to a single count. A mother leaves a 4-year-old alone at home while tied to the couch on multiple occasions including while the mother went to work. The offender was 28 years old and had immigrated to Canada at 18 years old. She had no criminal record. [Per Fradsham PCJ]
R v SF,
(2005) O. J. No. 2381 (Ont. S.C.J.)(*no CanLII links)
3 months + Pr The offender was a 30-year-old mother who left her 2-year-old child alone in her apartment for an evening. The offender had a prior unrelated-record and an alcohol addiction, which brought on the offence.
R v Nguyen,
[2001] OJ No 647 (Ont. C.J.)(*no CanLII links)
6 months + Pr The offender left a 7-year-old child at home overnight to go gambling. The child started a fire and ran away.
R v Cholod,
1995 ABCA 238 (CanLII), per curiam
$2,500 fine + Pr The offender left child at home in cold weather while he went out drinking
R v CME,
[1995] AJ No 510 (Alta. C.A.), 1995 ABCA 191 (CanLII), per Mason J (2:1)
non-custodial The offender left 2 year old daughter in apartment overnight. Child caused a flood and almost started a fire. The offender had no record, showed remorse, demonstrated a reformed life.

Abduction of a Young Person

Case Digests

Case Name Sentence Summary
R v O’Byrne,
2013 ONCJ 171 (CanLII), per Greene J
2 years less a day CSO + Prob. The offender was a mother who disappeared with her 2-year-old child and hid from child's father in British Columbia under assumed names for 18 years. The child was subject to a custody order at the time.
R v Chen,
2013 NBCA 7 (CanLII), per curiam
3 months CSO + Prob. The offender abducted his own child contrary to a family court order.

Administering a Noxious Substance




Case Digests

Case Name Sentence Summary
R v Morrison-Lonie,
2013 ABCA 202 (CanLII), per curiam
5 years (global) Offender sentenced for kidnapping with a firearm, B&E intending to commit aggravated assault, masking, administering noxious substance. [Per "The Court"]
R v Theriault,
2013 ABCA 203 (CanLII), per curiam
5 years (global) Offender sentenced for kidnapping with a firearm, B&E intending to commit aggravated assault, masking, administering noxious substance. Co-accused with Morrison-Lonie. [Per "The Court"]
R v Clark,
2009 ABCA 24 (CanLII), per Hart JA
6 years (global) Offender convicted of aggravated assault, unlawful confinement, administering a noxious substance, choking, uttering threats, assault with a weapon, using imitation firearm. Offender got upset over girlfriend's sexual history, put a cigarette and lighter on her, shot her three times using a pellet gun, put motor oil on her and in her mouth, threatened her with a knife to her throat, cut her hair off, and choked her to unconsciousness. [Per Hart JA]
R v Bell,
2004 CanLII 32263 (ON SC), per Archibald J
4 years Offender convicted of sexual assault x 2 and administering noxious substance x 2. Offender drugged a girl and guy. Had sex with the woman while they were both in-and-out of consciousness. [Per Archibald SCJ]
R c Bourgeois,
2004 CanLII 13060 (QC QC), per Bonin J
1 year + Pr Offender plead guilty to administering noxious substance x 1 and aggravated assault x 2. The offender got his girlfriend pregnant, administered ulcer medication through her vagina, causing a miscarriage. The victim was devastated and suffered depression, and lost his job.
R v SM,
2004 SKQB 358 (CanLII), per Scheilbel J
3.5 years convicted of manslaughter of wife, involved administering noxious substance
R v McDowell,
2002 ABPC 199 (CanLII), per Fradsham J
12 years (global)
4 years (noxious)
Offender confined young girl, commanded her to undress, sexually assaulted her, put a rag of lock de-icer in her mouth to suffocate her with the intent to cause bodily harm or death.
R v W., L.K.,
1999 CanLII 3791 (ON CA), per Moldaver JA
18.5 years (global) Offender convicted of sexual assault x 10, administering noxious substance x 3, assault causing bodily harm x 1. Offender would physically and sexually abuse young step-children. Locked them in cages in the basement, force them to eat feces and drink urine.
R v JH,
1999 CanLII 3710 (ON CA), per Rosenberg JA
CSO / time served Offender administered cocaine to 5 year old son. Trial Judge ordered 2 years less a day jail. [per Rosenberg JA]
R v Touchie,
[1994] BCJ No. 1313 (BCCA)(*no CanLII links)
non-custodial The offender was a suicidal mother who tried to kill self and 2.5 year old child by administering rat poison, but immediately removed it from his mouth after putting it in. No harm to child.
R v Wauhkonen,
[1993] Y.J. No. 14 (Y.T.S.C.) (*no CanLII links)
15 months + Pr The offender was 26 years old. He put Ativin in the drink of a female who became "very ill".
R v Peskey,
[1989] M.J. No. 160 (MBCA) (*no CanLII links)
8 years (global) Offender charged with sexual assault, endangering life, and administering a noxious substance intending to endanger life. Offender subdued a 15 year old prostitute with choloroform, then bound and raped her. She was left naked and bound for the day but managed to escape.
R v Symes
(1989), 49 CCC (3d) 81, 32 O.A.C. 102, 7 W.C.B. (2d) 346 (Ont. C.A.), 1989 CanLII 7173 (ON CA), per Goodman JA
3 months + Pr Offender found guilty of attempt murder and aministering noxious substance. He sprayed ether in wife's face, she fell down and hit head. 8 months remand time accounted for. CA said sentence too low but did not interfere.

Aggravated Assault

Generally

Case Name Sentence Summary
R v Allen,
2019 ONSC 971 (CanLII),
per Tzimas J
discharge
R v Deering,
2016 ABCA 418 (CanLII), per curiam
21 months
R v House,
2016 ABCA 414 (CanLII), per Martin JA
3.5 years The offender pleaded guilty to two counts of aggravated assault and one count of assault with a weapon. After being assaulted by one of his children, the offender struck his wife, son and niece with a pipe. The son and wife were left with serious injuries. He was 35 years old at the time with a lengthy criminal record. He appealed a jointly recommended sentence of 7 years.
R v Walia,
2016 ONSC 7495 (CanLII), per Donohue J
12 months The offender was found guilty at trial for assaulting her sister-in-law causing cuts to her face requiring plastic surgery. The judge also ordered 1 year probation and a DNA Order. [Per Donohue SCJ]
R v SAT,
2016 BCPC 355 (CanLII), per Challenger J
39 months The offender pleaded guilty to aggravated assault, assault peace officer, and breach of probation. He was on probation for aggravated assault when the assaultive offence happened. At other dates he failed to report to his bail supervisor and to stay within boundaries. The offender was intoxicated one evening and punched and kicked a stranger who was standing outside of his residence. A knife was found on the offender at the time of arrest. [per Challenger J]
R v Bailey,
2016 ONCJ 662 (CanLII), per West J
21 months (agg ass)
60 day (mischief)
90 days (breach)
The offender was found guilty of aggravated assault and mischief under $5,000 and breach of probation. He got into a fight with a friend that included a stabbing of the victim. He had a lengthy criminal record of violence. [per West J]
R v Finlay,
2016 BCCA 299 (CanLII), per Goepel JA
3 years
R v Hamlyn,
2016 ABCA 127 (CanLII), per curiam
21 months
R v Nicholls,
2013 BCSC 1145 (CanLII), per Savage J
Suspended
R v Willis,
2013 NSCA 78 (CanLII), per Beveridge JA
3 years The offender plead guilty to a severe beating of the victim. Injuries were life-threatening. He had two prior convictions for violence-related offences. Court overturned 4 year sentence.
R v Gugaruban,
2013 ONSC 3243 (CanLII), per Goldstein J
90 days (Agg.)
30 days (Uttering Threats)
R v Lagimodiere,
2013 BCCA 174 (CanLII), per Newbury JA
3 years caused victim to dislocate spine, became paraplegic
R v Moller,
2012 ABCA 381 (CanLII), per curiam
4 years beat victim with beer bottle
R v Barnsdale,
2012 MBCA 56 (CanLII), per Beard JA
2 years beat good friend in head with a shovel multiple times, caused crippling brain damage
R v Knott,
2012 MBQB 105 (CanLII), per McCawley J
Suspended was party to a beating
R v Best,
2012 NSCA 34 (CanLII), per MacDonald CJ
3 years aggravated assault and break and enter
R v Neshinapaise,
2012 ONCJ 82 (CanLII), per DiGiuseppe J
2.5 years Caused severe brain damage
R v Merceica,
2011 BCPC 379 (CanLII), per St Pierre J
3 years aggravated assault; throw hot liquid at someone in correctional facility.
R v Cox,
2010 NLTD 127 (CanLII), per Handrigan J
12 months hit broke ribs, punctured one lung
R v Ali,
2010 MBCA 14 (CanLII), per Monnin JA
9 months aggravated assault; broken jaw
R v MacDonald,
2010 NSSC 281 (CanLII), per Coughlan J
12 months permanent minor nerve damage
R v Cador,
2010 ABCA 379 (CanLII), per Slatter JA
R v CRD,
2010 ABCA 128 (CanLII), per Rowbotham JA
90 days inter. breaking son's leg
R v Sayazie
2010 SKCA 14 (CanLII), per Ottenbreit JA
3 years spousal beating, caused permanent muscle damage; no record
R v Lambert,
2010 NBQB 101 (CanLII), per Ferguson J
4.5 years
R v Ward,
2009 BCCA 556 (CanLII), per Ryan JA
7 years serious permanent damage to brain and body
R v Gaudet,
2009 NSPC 54 (CanLII), per Tax J
9 months with probation
R v Boachie,
2008 ONCA 342 (CanLII), per curiam
23 mo (268) and 1 year (firearm)after 61 mo remand 19 year threatened 12 year old boy with handgun to head; extensive youth record
R v Menard,
2008 BCCA 522 (CanLII), per Finch CJ
8 months strike to head with wooden and metal objects
R v Haj-Ahmed,
2007 BCCA 143 (CanLII), per Hall JA
5 years accused poured boiling oil on victim
R v Sooch,
2007 ABPC 260 (CanLII), per Bascom J
4 years 23 year old; strangulation of girlfriend
R v Payne,
2007 BCCA 541 (CanLII), per Smith JA
8 years extortion; struck with axe on head and hand
R v J. A.,
2006 BCPC 625 (CanLII), per Bagnall J
2 years less a day CSO
R v Ruksys,
2006 ABCA 270 (CanLII), per Martin JA
15 months struck in the head, neck and arm until unconscious. Life threatening injuries.
R v Morash,
2006 SKCA 59 (CanLII), per Cameron JA
9 years aggravated assault, assault with a weapon, break in enter. He rendered victim unconscious and them brutally stomped head. Permanent brain damage.
R v Craig,
2005 BCCA 484 (CanLII), per Kirkpatrick JA
2 years less a day maiming
R v Armstrong,
2003 BCSC 1057 (CanLII), [2003] BCJ No. 1667 (S.C.), per Davies J
8 years assaulted two probation officers with a bat causing significant injuries; mental health history;
R v Ervin,
2003 ABCA 179 (CanLII), per Fraser CJ
R v Gates,
2002 BCCA 128 (CanLII), per Ryan JA
broken arm, a head wound requiring 18 stitches, split lip, black eyes, cigarette burns and bruises
R v Scott,
2002 CanLII 41668 (ON CA), per Charron JA
4 years The offender was convicted of aggravated assault, assault with a weapon, and uttering threats. The offender and accomplice viciously attacked the victim resulting in "serious and permanent injuries". Accomplice received 12 months CSO.
R v Hulshof,
2001 BCCA 308 (CanLII), per McEachern CJ
4 years robbery with knife; multiple cuts to face
R v Lafleche,
2001 ABCA 292 (CanLII), per curiam
4 years The offender plead guilty to aggravated assault and uttering threats. He and an accomplice assaulted daughter of accomplice over 2 days. They shaved victim's head, confined her to an apartment for 15 hours. She suffered a gash to her eyebrow and bruising.
R v Buckle,
2001 CanLII 37621 (NLSCTD), per Leblanc J
4 years The offender was at a new years party and was intoxicated. He broke a glass table, pushed the two victims to the floor and hit them with a wooden chair. One victim was bruised and had cuts that required a graft. The other victim was beaten until she was unconscious and suffered broken bones in the face, hands and ribs.
R v Gagliardi,
2000 ABCA 137 (CanLII), per Jones JA
R v Tusek,
1999 CanLII 2075 (ON CA), [1999] OJ No 3413 (C.A.), per curiam
4 years stabbing customer in restaurant; age 19; no record
R v Chisholm,
1998 CanLII 2740 (NS C.A.), per Bateman JA
6 months imprisonment aggravated assault; drunken bar fight
R v Rasanen,
1997 CanLII 3368 (BC C.A.), per Hall JA
6 years premeditated attack; bragged to friends about it.
R v Powell,
1994 CanLII 4072 (NS CA), per Clarke CJ
suspended Offender got into a fist fight with his mother's boyfriend causing bruises and cuts. Offender was unemployed and had a prior related record for assaults. Court emphasized rehabilitation.
R v McDonald, 1992 CanLII 8257 (SKCA), per Tallis JA 3 years The offender hit the victim in the face with a glass, knocking him unconscious. The offender was 21 years old with a lengthy record.

Child Victim

Case Name Sentence Summary
R v Nickel,
2012 ABCA 158 (CanLII), per Watson JA (3:2)
3 years put 9 month old's feet in boiling water
R v MJS,
2006 ABCA 176 (CanLII), per Fruman JA
2 years less a day

Stabbing

Case Name Sentence Summary
R v Foley,
2017 CanLII 26721 (NL SCTD), per Handrigan J
4 years
R v JCK,
2013 ABCA 50 (CanLII), per curiam (2:1)
2 years less a day stabbed victim 10 times in body and neck
R v JR,
2012 BCPC 240 (CanLII), per St Pierre J
4 years stabbing with knife in head, unprovoked
R v Sharma,
2012 BCPC 176 (CanLII), per Callan J
4 years
R v Wilson,
2012 ONCA 372 (CanLII), per curiam
4 years offender and co-accused stabbed vicctim 3 times in the back for an unpaid drug debt.
R v Haly,
2012 ONSC 2302 (CanLII), per MacDonnell J
36 months
R v Makhniashvili,
2011 ONCJ 772 (CanLII), per Rutherford J
6 years aggravated assault; two incidents of stabbing family members in abdomen
R v Wheeler,
2011 CanLII 69366 (NL PC), per Gorman J
4 years stabbing in face
R v Ashley,
2008 NSPC 11 (CanLII), per Campbell J
2 years less a day CSO aggravated assault; stabbing twice with a knife
R v Morgan,
2008 NWTCA 12 (CanLII), per curiam
3.5 years 3 stabs to the head
R v Ryan
2006 NLTD 167 (CanLII), per O'Regan J
6 years The offender was found guilty of aggravated assault x 2. He stabbed two people with a knife. The first stabbing was in the first victim's abdomen, which punctured his bowels and was life threatening. The second stabbing was of a police officer in the finger and lower back. Those injuries were not life threatening. The offender had a serious criminal record.
R v Whitten,
2006 NLTD 34 (CanLII), per Adams J
5 years The offender pleaded guilty to aggravated assault and other related offences. He stabbed the victim in the back 13 times. The injuries were life threatening. The offender was 22 years old with a long criminal record.
R v Craig,
2005 BCCA 484 (CanLII), [2005] BCJ No. 2180 (C.A.), per Kirkpatrick JA
2-3 years The offender stabbed ex-partner in the abdomen.
R v Osmond,
2005 NLTD 64 (CanLII), per Goulding J
4 years The offender plead guilty to aggravated assault. There was no sign of provocation. He stabbed a friend with a knife in the chest, abdomen, neck back, and head. Injuries were life threatening and required surgery. His lung and liver were punctured. The attending doctor commented that the neck wound was close to a decapitation. The offender was young and had no prior record.
R v Taghiev,
[2004] O.J. No.5519 (S.C.J.) (*no CanLII links)
2 years less a day The offender stabbed acquaintance in back over dispute. Judge considered his positive background.
R v Belisario,
2002 BCCA 208 (CanLII), per Hall JA
15 months stabbing; no record
R v Deesasan,
[1996] OJ No 489 (*no CanLII links)
12 months stabbing in bus; victim in hospital
R v Wu,
1994 CanLII 6468 (NB CA), [1994] NBJ No.96 (C.A.), per Hoyt CJ
9 years retribution stabbing of sleeping victim; injuries in multiple regions of body; no record
R v Khan,
[1991] OJ No 1025 (C.A.) (*no CanLII links)
8 years unprovoked stabbing of stranger in subway; mental health issue; dated prior related record
R v Sheppard,
[1987] NSJ 380 (NSCA) (*no CanLII links)
Suspended Offender slashes victim causing superficial wound in chest and lip as well as a stab in back while victim ran away. Victim was hospitalized for 8 days. Court notes high degree of remorse, completely out of character, and that jail would be harmful to rehabilitation.

Beating

Case Name Sentence Summary
R v Shahcheraghi,
2017 ONSC 574 (CanLII), per Morgan J
Suspended Sentence The offender was convicted by a jury of aggravated assault. He was employed as a bouncer and beat up a drunken patron.
R v Deering,
2016 ABPC 125 (CanLII), per Barley J
21 months
R v Fensom,
2014 ABQB 238 (CanLII), per Topolniski J
3 years beating of victim, causing broken bones in face, wired jaw shut.
R v Smart and Camilleri,
2013 ONSC 600 (CanLII), per Molloy J
90 days beating at a dance club, broke victim's jaw
R v Brethour
2013 ONSC 1167 (CanLII), per Beaudoin J
3 years
R v Laliberte
2013 SKQB 25 (CanLII), per Mills J
18 months offender facilitated the escape of the perpetrators of a beating
R v Johnson
2012 CanLII 42709 (NL PC), per Hyslop J
23 months serious beating, broken limbs
R v Saraj
2012 ONSC 4339 (CanLII), per R Smith J
3 years beat a taxi driver with a pipe and fists
R v Elson
2012 ABPC 88 (CanLII), per Van de Veen J
30 months offender beat victim to unconsciousness
R v DeSilva
[2010] OJ No 4862 (S.C.J.)(*no CanLII links)
2 years less a day beating victim with a cane causing broken bones; victim was accused of sexually assaulting offender's daughter
R v McCowan
2010 MBCA 45 (CanLII), per Steel JA
5.5 years punches to face causing permanent disability
R v Desjarlais
2009 MBPC 45 (CanLII), per Lismer J
2 years hit with multi-tool causing lacerations to forehead, eyelid and leg all requiring sutures
R v Sidhu
2005 BCCA 178 (CanLII), per Southin JA
3 years punch and stomp to head after unconscious
R v Irwin
2004 BCCA 433 (CanLII), per Lowry JA
4 years kick him and stomp victim into unconsciousness
R v Moroz
2003 ABPC 5 (CanLII), per Bridges J
12 months CSO struck on the head at least six times with a ball-peen hammer. Significant consumption of cocaine.
R v Hiscock
2002 BCSC 1772 (CanLII), per Stromberg-Stein J
8 years victim beaten by gang, put in vegetative state.
R v Dunn
2002 CanLII 53265 (ON C.A.), per Weiler JA
9 years attack until unconscious; long record of violence
R v D.L.
[2002] BCJ No. 1987 (SC)(*no CanLII links)
6 to 7 years random beating
R v MacLeod
1999 BCCA 420 (CanLII), per MacKenzie JA
3 years brutal beating and sexual assault

Shooting

Case Name Sentence Summary
R v Michael Larmond,
2011 ONSC 7170 (CanLII), per Belobaba J
7 years accused shoots victim while collecting a drug debt
R v Marsh,
2017 CanLII 84460 (NL SCTD), per Goodridge CJ
12 years (global)
5 years (agg. assault 1)
7 years (agg. assault 2)
7 years (discharge firearm)
1 year (poss'n dangerous weapon x 2)
1 year (poss'n prohibited weapon)
1 month (poss'n weapon w/out licence)
6 months (breach conditions)
The offender engaged in an armed home invasion to collect a debt. After being chanced out of the residence he shot the home owner with a shotgun. Three days later he was stalking outside the second victim's home and shot him through the door with a 22 caliber gun that had a laser sight.

Infection

Case Name Sentence Summary
R v Nyoni,
2017 BCCA 360 (CanLII), per Newbury JA
11 years The offender had unprotected sex with three women while HIV/AIDS positive, infecting all of them.
R v Phelan,
2012 CanLII 36207 (NL SCTD), per Dymond J
30 months infected victim with HIV

See Also


Animal Cruelty

Case Digests

Case Name Sentence Summary
R v Camardi,
2015 ABPC 65 (CanLII), per Gaschler J
22 months The offender abused and tortured his Siberian Husky over several months until the dog died. The offender also abused a cat. The offender had a prior record for violence and was assessed as being a high risk to re-offend.
R v Habermehl,
2013 ABPC 192 (CanLII), per Fraser J
90 days The offender assaulted the family cat after being frustrated by the cat's behaviour. The cat was euthanized due to injuries.
R v Tremblay,
2012 BCPC 410 (CanLII), per Gouge J
6 month "continued to strike [animal] repeatedly with a hammer over a period of more than an hour, ignoring [the animal's] cries of pain"
R v Fawcett,
2012 BCPC 421 (CanLII), per Merrick J
fine and probation unnecessary suffering to 9 dogs
R v Connors,
2011 BCPC 24 (CanLII), per Quantz J
6 months and probation The offender was took care of a friend's dog. The dog was sick and poorly trained and so defecated in the offender's house. The offender as intoxicated and angry and assaulted the dog. The dog died of broken ribs and other injuries from blunt force trauma.
R v Munroe,
2010 ONCJ 226 (CanLII), per ODonnell J
12 months The offender tortured and harmed his girlfriend's dog over a month. The dog died due to injuries. Probation was also ordered.
R v Power,
2003 CanLII 20379 (ON CA), (2003) 176 CCC (3d) 209, per Doherty JA
Summary of case is pending.

Arson



Case Digests

Sentencing cases for Arson.



2010 to present

Case Name Prv. Crt. Sentence Summary
R v Yellowknee,
2017 ABCA 60 (CanLII), per Rowbotham and Schutz JJA
AB CA 12 months
R v Hemmerling,
2017 BCPC 10 (CanLII), per Morgan J
BC PC 2 years less a day, probation The offender pleaded guilty to arson under s. 434. He was intoxicated, threatened family members and barricaded himself in the house before burning it down.
R v Pidgeon,
2016 ONCJ 334 (CanLII), per Konyer J
ON PC 5 months + 2 yrs prob. The offender was convicted of arson under s. 434. She set three fires within her home in attempt to look like an accident.
R v Bos,
2016 ONCA 443 (CanLII), per Tulloch JA
ON CA 18 months The offender was convicted at trial under s. 433 of burning down the garage and house owned by the family of her romantic partner. She was motivated by a desire to protect her reputation.
R v Sousa,
2014 ONCA 550 (CanLII), per Strathy CJ
ON CA 6 months The offender was convicted at trial of arson for setting fire to her rental home in attempt to defraud her insurer.
R v Fournel,
2014 ONCA 305 (CanLII), per Pardu JA
ON CA 3 years (arson)
5 years (global)
R v Jonah,
2014 ONCJ 19 (CanLII), per Harris J
ON PC 6 months The offenders was convicted of arson by setting his bedroom on fire while he was still in it in an aborted attempt to commit suicide. He was 38 years old and suffered significant burn injuries.
R v Flett,
2013 MBQB 124 (CanLII), per McCawley J
MB SC 6 months (arson)
life (manslaughter)
accused set fire to a rooming house intending to kill persons who were not present at the time. The fire ended up killing five other people she did not know about.
R v Day,
2013 BCCA 172 (CanLII), per Kirkpatrick JA
BC CA 17 months 434 arson
R v Crocker
2013 CanLII 71 (NL SCTD), per Seaborn J
NL SC 3 years
R v Augustine
2012 NBCA 7 (CanLII), per curiam
NB CA 5 years 433 arson causing fire to dwelling, one attempt
R v Fitzgerald
[2011] NSJ 718, 2010 NSPC 73 (CanLII), per Whalen J
NS PC 5 years lengthy record
R v Stephenson
2011 ONCJ 484 (CanLII), per Robertson J
ON PC 1 year + 3yP 433 arson, set fire to him room and fled in taxi, age 30, long record, drug addiction, abused as youth.
R v Veinot
2011 NSCA 120 (CanLII), per MacDonald CJ
NS CA 3 years arson (unspecified), hired someone to burn down victim's home; motivated by revenge for prior court case
R v Ireland
2011 ABPC 134 (CanLII), per Henderson J
AB PC 2 years less a day age 52, set fire to 3 story apartment building, 33 units, fire set recklessly
R v Levere
2011 ONCA 576 (CanLII), per curiam
ON CA 12 months CSO minor fire, age 58, no record
R v Meer
2011 ABQB 46 (CanLII), per Burrows J
AB SC 5 years 434 and 433 arson,
R v Morgan-McDougall
2011 ONCJ 119 (CanLII), per Pugsley J
ON PC 18 months CSO mentally ill, attempted suicide.
R v Nguyen
2011 ONSC 6229 (CanLII), per McWatt J
ON SC 2 years arson by negligence, house burned down, set up as meth lab
R v Popert
2010 ONCA 89 (CanLII), per Gillese JA
ON CA 9 months burned down friend’s house, main issue was $40,537.50 restitution order, ONCA rejected 2 years less a day CSO.

2000 to 2009

Case Name Prv. Crt. Sentence Summary
R v Mirzakhalili
2009 ONCA 905 (CanLII), per curiam
ON CA 2 years less a day burned down own building to defraud insurance of $200k
R v M(CP)
2009 ABPC 58 (CanLII), per Allen J
AB PC 434 arson, 1 year and probation after 18 mo remand credit 13 fires
R v Ligato
2009 ONCJ 405 (CanLII), per Blouin J
ON PC 18 mo CSO molotov cocktail into a salon $150,000 damage; no prior
R v Dervishaj
2009 BCPC 94 (CanLII), per Ball J
BC PC 1 year age 28, found guilty of 434 at trial, set fire to SUV, vehicle exploded, accused injured. no remorse. no record, illegally in Canada.
R v Van Oostwaard
2009 ABPC 358 (CanLII), per Barley J
AB PC 36 months firebombs house he knows to be occupied
R v Dervishaj
2009 BCPC 94 (CanLII), per Ball J
BC PC 12 months 434 arson, set car on fire
R v Porsch
2008 BCCA 488 (CanLII), per Hall JA
BC CA 9 years 4 counts of counselling to commit arson (unspecified)
R v Doucet
2008 ONCJ 267 (CanLII), per Nadel J
ON PC 12 months (JR)
R v Aoun
2008 ONCA 834 (CanLII), per curiam
ON CA trial judge rejects CSO, CA upholds
R v Bauming
2007 ABPC 223 (CanLII), per Maher J
AB PC 15 months CSO 434.1 arson,
R v MacDonald
[2007] BCJ 2978, 2007 BCPC 473 (CanLII), per Romano J
BC PC 40 months
R v Hall
2007 BCPC 125 (CanLII), per Rounthwaite J
BC PC 30 months The offender offered $500 to set fire to pub. He had a cocaine addiction, building unoccupied at the time. The building was completely destroyed, It was valued at 1.38 million. He had a dated unrelated record. He was remorseful.
R v Munro,
2007 BCPC 178 (CanLII), per Rounthwaite J
BC PC 26 months The offender set fire to pub for money. pub connected to hotel and restaurant facility. The fire did not spread beyond pub. total damage over $9 million. The offender was drug addict. youthful. remorseful.
R v Atwin,
2006 NBQB 287 (CanLII), per Cyr J
NB SC 1 year + 2yP The offender pled guilty to 434, set fire to two buildings, not remorseful, enjoys setting fires
R v Foster,
2006 NBQB 427 (CanLII), per McLellan J
NB QB 12 months CSO The offender was convicted for s. 433 arson. set fire to house, $20,000 of damage
R v Grabowski,
2006 BCSC 1124 (CanLII), per Bennett J
BC SC 10 years LTO, set fire to boat shed, store, two hotel rooms, four houses, research centre.
R v Engram,
2006 NBQB 280(*no CanLII links)
NB SC 2 years less a day CSO 435, 434.1 arson, burned down house for insurance, offender had excellent employment history, no record, just broken up with girlfriend, no risk to reoffend.
R v Ramsey,
[2005] OJ No 3428(*no CanLII links)
ON 30 months (JR) set fire to apartment building
R v Elliott,
[2005] OJ No 3886(*no CanLII links)
ON 9 months 434 arson, also sentenced on B&E
R v Barnes,
2005 BCCA 432 (CanLII), per Ryan JA
BC CA 2 years The offender killed cats and stole cheques; set fire to gathering place for people with mental health issues, total damage was about $75,000.
R v Hudey,
2005 MBCA 145 (CanLII), per Huband JA
MB CA 18 months substantial damages. youthful; long record of breaching court orders,
R v Ross,
2005 ABCA 231 (CanLII), per Costigan JA
AB CA 2 years also charged with mischief over, offender and another set fire to papers in cells.
R v Beckstrom,
2005 ABPC 196 (CanLII), per Fradsham J
AB PC 6 months (veh.), 12 months (garage) 434 arson
R v Wright,
[2004] OJ No 3321(*no CanLII links)
ON 2 years less a day set fire to trunk in trailer during domestic dispute, also sentenced for domestic assault
R v Klair,
2004 CanLII 8965 (ON CA), [2004] OJ No 2320, per Sharpe JA
ON CA life
R v Hirnschall,
2003 CanLII 46450 (ON CA), [2003] OJ No 2296, per Laskin JA
ON CA 18 month CSO started fire in hotel he owned, age 58, brain aneurysm, no record, CA did not interfere with CSO, but stated “a conditional sentence for Mr. Hirnschall seems out of step with the recent judgments of this court in arson cases”.
R v Bourgeois,
2003 NBPC 1 (CanLII), per Lordon J
NB PC 4 years set fire to Catholic Church. extensive damage of $625,581. Offender age 51 with lengthy record, history of drug abuse
R v Brain,
2002 BCPC 218 (CanLII), per Doherty J
BC PC 1 year + 3yP set fire to a quonset hut, value as $60,000. criminal record, pathological fire starter, had 1 year remand time.
R v Fox
2002 CanLII 41943 (ON CA), (2002) O.J. 2496 (Ont. C.A.), per curiam
ON CA 20 months CSO youthful offender was intoxicated, broke into cottage and inadvertently set fire to cottage. Cottage was unoccupied, but owned by elderly couple. Damage was between $10-15,000. CSO extended from 12 months but stated that “[the trial judge sentence] was unfit for such a serious offence. ... no good purpose would be served by converting the conditional sentence to a custodial one at this juncture.”
R v Rowsell,
2002 CanLII 54000 (NL SCTD), [2002] N.J. No. 73, per Leblanc J
NL 2 years less a day offender burned down house after mother tried to sell it. Underlying issues with drugs alcohol and mental health – difficult childhood – personality disorder--was drinking at time--CSO not appropriate
R v Montgomery,
2002 ABPC 36 (CanLII), per Semenuk J
AB PC 3 years 434 arson
R v Sandouga,
2002 ABCA 196 (CanLII), per Fruman JA
AB CA 2.5 years 434 arson, hurled a Molotov cocktail at an Edmonton synagogue; hate crime
R v Braun,
[2001] BCJ No 2578 (BCSC), 2001 BCSC 1689 (CanLII), per McEwan J
BC SC 6 years age 81--part of college burned down, $250k damage, 14 prior related convictions–-religious motive--$200k in restitution
R v McFee,
2001 NSCA 82 (CanLII), per Glube CJ
NS CA 3 months inmate offender threw matches at another, caused fire
R v Williams,
2001 NBQB 32 (*no CanLII links)
NB SC 9 months two counts of arson, $570k range. offender age 24, was pyromaniac, prior record.
R v Etmannski,
2001 ABPC 90 (CanLII), per Fradsham J
AB PC 31 months 433 and 433 arson, threw molotov cocktails through window of ex. No injuries.
R v Saba
[2000] BCJ No2207, 2000 BCCA 580 (CanLII), per Southin JA
BC CA 6 years convicted of mischef causing danger to life; age 21 ; set fire to apartment building he lived in; 80 tenants in building; 22 tenants rescued by firefighters; already had 22 mo remand
R v Eng
2000 BCCA 31 (CanLII), per Finch JA
BC CA 11 years five counts of arson, two office units, one residence, one office building, and a dormatory; paranoid schizophrenic, previous record for arson, no remorse.
R v Herbert,
2000 CanLII 27033 (MB CA), (2000) 142 Man. R. (2d) 159, 212 W.A.C. 159 (C.A.), per Huband JA
MB CA 6 month CSO set fire to residential complex, intoxicated at the time, age 21, fetal alcohol syndrome,

1970 to 1999

Case Name Prv. Crt. Sentence Summary
R v Campbell,
[1999] OJ No 796(*no CanLII links)
ON 3 years (JR) 39 years old, no record, letting gas escape in his home, explosion distroyed his and two other houses. 37 homes damaged. $2 million in damage, offender only person injured, attmempted suicide.
R v Shore,
1999 BCCA 227 (CanLII), per Southin JA
BC CA 2 years less a day CSO The offender burned down boat while people sleeping in it. He had a “substantial history of past psychiatric contact”
R v Allard,
[1999] BCJ No. 1912, 1999 BCCA 481 (CanLII), per Finch JA
BC CA 4 years burned down his residence after being asked to leave
R v McBurney,
1998 CanLII 5141 (BC CA), [1998] BCJ No. 895, per Lambert JA
BC CA 9 months set fire to fireworks store, no one else present, $15k in damage, CSO rejected
R v Murphy,
(1998), 126 Man.R.(2d) 138 (C.A.)(*no CanLII links)
MB CA 3 yP An appeal from 15 months jail sentence. The offender was schizophrenic. He set fire to bed in attempt to commit suicide. 9 months remand credit was given.
R v Lenart,
(1998), 1998 CanLII 1774 (ON CA), 123 CCC (3d) 353 (ONCA), per Finalyson JA
ON PC 2 years The offender was convicted of arson (unspecified). He set fire to rural home. He led a police chase; prior record of arson. He was diagnosed with a mental health condition. 6 months remand credit was given. He was on probation for a previous conviction for arson at the time. His record included 3 prior breaches. He denied needing treatment but was diagnosed as having an incurable personality disorder.
R v Peters,
1998 CanLII 13351 (SK PC), [1998] S.J. No. 706, per Bekolay J
SK PC 18 months CSO The offender pleaded guilty to s. 434. She was told to move out. She got upset, smashed windows and set couch on fire. She made no attempts to put it out or get help. The house burnt to the ground. A psychiatrist found no illness, but said she had an anger management problem. She had a low risk to re-offend. She was youthful and remorseful. The judge adopted the recommendation of the sentencing circle.
R v Pella,
[1997] OJ No 5527 (*no CanLII links)
ON 2 years less a day CSO age 59, no remorse, supporting 2 children and wife, set own house on fire for insurance money
R v Young,
[1997] OJ No.6214 (OCJ) (*no CanLII links)
ON PC 5 years offender also charged with killing cattle and threats; burned down a barn; judge lowered sentence for totality (p.7)
R v Deen,
(1997), 1997 CanLII 2310 (BC CA), 120 CCC (3d) 482, 99 BCAC 46, per Southin JA
BC CA 2 years + 3yP also charged with theft over, break and enter; motivated by need for drug money; damage total 3.2 million; offender of good character and remorseful; overturned 4 year sentence
R v Beland
[1995] NBJ No. 205 (*no CanLII links)
NB 2 years, 3 months commercial arson
R v Malley,
1994 CanLII 3910 (NB QB), [1994] NBJ No 279 (NBQB), per Riordon J
NB SC 22 months to 4.5 years three youths sets fire to boat stored in building; $4 million damage
R v Grenkow
[1994] 95 CCC (3d) 255 (NSCA), 1994 CanLII 3965 (NSCA), per Jones JA
NS CA 3 years 433(a);set fire to condo complex
R v Wattenberger
(1984), 56 A.R. 238 (C.A.), 1994 CanLII 240 (ABCA), per Harradence JA
CA 3 years employee burned down grain elevator after being refused time off
R v Duncan,
[1983] NSJ 520 (NSCA) (*no CanLII links)
NS CA 2 years 9 months set fire inside jail
R v Covey,
[1981] NSJ No. 56 (NSCA)(*no CanLII links)
NS CA 5 years 4 counts of arson, age 24, no record, diagnosis of personality disorder
R v Rhyno
(1977), 19 NSR 359 (NSCA) (*no CanLII links)
NS CA 2 months

Causing Bodily Harm or Death

Case Name Prv. Crt. Sentence Summary
R v Mason,
2011 MBQB 66 (CanLII), per Keyser J
MB SC 10 years The offender was convicted of arson causing bodily harm and manslaughter. Two people were killed when the offender, after drinking, set fire to rooming house.
R v Sheets,
2005 ABPC 164 (CanLII), per Fradsham J
AB PC 5 years The offender was convicted of arson causing death.
R v Trecartin,
[1993] NBJ No. 658, 1993 CanLII 5382 (NB CA), per curiam
NB 12 years The offender was convicted of arson causing death for setting fire to a house.

Assisted Dying Offences

Attempted Murder

Attempted Murder

2000 to present

Case Name Sentence Summary
R v Forcillo,
2016 ONSC 4850 (CanLII), per Then J
6 years A mandatory minimum of 5 years applied. [per Then J]
R v Hoare,
2016 ONCJ 36 (CanLII), per Wadden J
11 years The offender assaulted he spouse with a baseball bat. He had no criminal record.
R v McArthur,
2013 SKCA 139 (CanLII), per Lane JA
17 years use of a firearm. Declared Long-Term Offender.
R v Postma,
2013 ONSC 7218 (CanLII), per Ricchetti J
11 years Offender attempted to murder her daughter by slashing her throat and stabbing her. Victim suffered serious injuries. Offender plead guilty.
R v Hanishewski,
2013 SKPC 89 (CanLII), per Koskie J
9 years
R v Adamson,
2013 ONSC 2365 (CanLII), per Gray J
13 years Offender attempted to kill girlfriend in her home when uninvited. Offender was youthful, good work history, and had family support.
R v Pyke,
2013 NSCA 61 (CanLII), per MacDonald CJ
5 years victim stabbed several times by a gang of offenders.
R v Bulat
2013 ONSC 4513 (CanLII), per Bondy J
6 months The offender struck the victim with a motor vehicle out of jealousy over a relationship. He was of frail physical health.
R v Carelse,
2013 SKQB 15 (CanLII), per Danyliuk J
16 years attempted to kill wife
R v Vukaj
2013 BCSC 79 (CanLII), per Griffin J
attempt (14yrs)
B&E (5 years)
dangerous op. of MV (10 months)
uttering threats(1 year)
global (14 years)
R v Blandon
2012 ONSC 3864 (CanLII), per Nordheimer J
10 years stabbing; also convicted of 2nd degree murder
R v Smith
2012 NSCA 37(*no CanLII links)
14 years The offender was 17 1/2 years old at the time but was sentenced as an adult. At the request of an associate,He shot the victim I point-blank range in the chest. The victim survive but became a paraplegic. He had numerous health problems and a shorter life expectancy. The offender had a lengthy criminal record and a negative psychiatric profile.
R v Boissonneault
2012 MBCA 40 (CanLII), per Monnin JA
14 years The offender shot victim while he was in a cab. He had an animus towards the victim and had been consuming a lot of alcohol and drugs the days before the shooting.

Sentence reduced from 17 years.

R v John Brook,
2012 ONSC 184 (CanLII), per Sosna J
16 years Offender shot victim over a drug debt. Offender was a drug dealer with an extensive record including violence.
R v Sulek
2011 ABPC 314 (CanLII), per Lamoureux J
2 years
R v Chevers
2011 ONCA 569 (CanLII), per curiam
15 years The offender shot at the victim twice in public and missed. There was evidence of premeditation. The offender was 24 years old. Sentence of 15 years affirmed.
R v Marriott
2011 NSSC 414 (CanLII), per Coady J
15 years joint recommendation
R v Leblanc
2011 NSCA 60 (CanLII), per Fichaud J
16 years The offender was a member of a rival gang, he chased down the victim and fired a handgun a number of times. The victim was struck twice but survived. The offender had a lengthy criminal record.
R c Valentine-Remy,
2011 QCCQ 10060 (CanLII), per Morin J
9 years Offender stabbed victim 5 times perforating heart and liver. Offence was in retaliation and impulsive.
R v Belisle-Taylor
2011 NSSC 159 (CanLII), per Duncan J
10 years
R v KG,
2010 ONCA 177 (CanLII), per curiam
14 years Sentence upheld. Offender attempted to murder ex-wife by driving over her. Offender plead guilty and was remorseful.
R v Situ
2010 ONCA 683 (CanLII), per curiam
15 years The offender was in a shooting at a pool hall. The victim was rendered quadrapalegic. The offender had a prior record. Sentence affirmed.
R v Truelove,
2010 ONCA 608 (CanLII), per curiam
13 years Shooting at a nightclub.
R v Kipp,
2010 BCSC 584 (CanLII), per Joyce J
11 years offender shot at victim, hitting him 4 times over drug debt. Offender was 23 years old with lengthy record, none for violence.
R v Clarke,
2010 ONSC 656 (CanLII), per Thorburn J
12.5 years The offender shot the victim with a sawed-off shotgun at close range in front of a convenience store. The injuries were life-threatening. The offender had 4 prior convictions.
R v Smith
2010 ONCA 229 (CanLII), per Sharpe JA
10 years
R v Brown,
2009 ONCA 563 (CanLII), per curiam
Life The offender shot the victim 6 times in a parking lot at close range. The victim became paraplegic. The area of shooting was frequented by children. The attack was unprovoked. The offender was youthful. He had no record and had a young child.
R v Thompson,
2009 ONCA 243 (CanLII), per Goudge JA
12 years A planned shooting of the victim in a public place.The offender had a lengthy record which included violence.
R v Guedez-Infante,
2009 ONCA 739 (CanLII), per curiam
10 years The offender shot the victim in public. The injuries were serious. The offender was youthful and had no prior record.
R v Tan,
2008 ONCA 574 (CanLII), per Laskin JA
15 years Court of Appeal upholds sentence. Offender attempted to kill domestic partner. No record. Guilty plea and remorseful.
R v Ljeskovica,
[2008] OJ No 4935 (SCJ)(*no CanLII links)
8 years Offender's girlfriend was slapped by victim. Offender fought with victim and then returned later to try to kill him.
R v Thiara,
2008 BCSC 1414 (CanLII), per BJ Brown J
10 years offender shot victim twice over a drug debt.
R v McDonald,
[2007] OJ No 3859 (SCJ)(*no CanLII links)
11 years Offender attempted to kill common law partner and daughter using a hammer. Offender had no record, history of employment, and community church work. The offence was out of character. He plead guilty, was remorseful.
R v Lysak,
2006 ABCA 327 (CanLII), per Costigan JA
17 years Offender attempted to shoot family member in head.
R v Payne,
2006 CanLII 11912 (ON SC), per Kiteley J
7 years Domestic offence.
R v McArthur
(2004), 2004 CanLII 8759 (ON CA), 182 CCC (3d) 230 (Ont CA), per Doherty JA
life The victim was a peace officer.
R v Champagne,
2002 CanLII 22947 (ON CA), per curiam
12 years _
R v Ahmed-Saidi
2001 CanLII 24100 (ON CA), per curiam
8.5 years
R v Edwards,
2001 CanLII 24105 (ON CA), per Rosenberg JA
8 years The offender attempted to murder his common-law spouse. Joint recommendation. He turned himself in and expressed remorse. The sentence of 8 years was considered "extremely lenient".
R v Joseph
2000 BCSC 1891 (CanLII), per Taylor J
10 years shooting between drug dealres

1980 to 1999

Case Name Sentence Summary
R v Denkers,
1994 CanLII 2660 (ON CA), per curiam
15 years (attempt) Sentence upheld. Offender stabbed ex-girlfriend several times and sexually assaulted her. Intended to kill.
R v Gould
[1990] NSJ No. 109, 1990 CanLII 2432 (NS CA), per Matthews JA
8 years victim stabbed multiple times
R v Cope,
1987 CanLII 4729 (SK CA), per Cameron JA
2 years less a day CSO

Murder for Hire

Case Name Sentence Summary
R v Tokhi,
2014 ONSC 3142 (CanLII), per Molloy J
4.5 years Wife hired hitman to kill husband.
R v Cheema,
2003 BCSC 2071 (CanLII), per Baker J
6 years Ex-wife attempting over several months to murder husband over custody of children. Offender was relatively young with no criminal record and plead guilty.
R v Cozzi,
[2001] OJ No 1967 (O.C.J.)(*no CanLII links)
3 years wife in dispute with husband over children. Offender had long history of depression and suicide attempts. Victim was a member of a outlaw biker gang.
R v Dos Santos,
[1998] OJ No 6290 (O.C.J.Gen.Div.)(*no CanLII links)
5.5 years wife in dispute with her husband over child custody and hired someone to kill him. Offender had no record, expressed remorse.
R v Wickham,
[1995] BCJ No. 2209 (BCCA), 1995 CanLII 1879 (BC CA), per Donald JA
7 years Wife wanted to murder husband to be with new boyfriend and get life insurance.

See Also

Murder


Murder
s. 235 of the Crim. Code
Election / Plea
Crown Election Indictment
Jurisdiction Sup. Court w/ Jury (*)

Sup. Court w/ Judge-alone (*)

* Preliminary inquiry also available.
Types of Release Releaseable only by Sup. Crt. Justice
Indictable Dispositions
Avail. Disp. Discharge (730)

Suspended Sentence (731(1)(a))
Fine (734)
Fine + Probation (731(1)(b))
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)

Conditional Sentence (742.1)
Minimum life incarceration
Maximum Life
Reference
Offence Elements
Sentence Digests

Overview

See also: Homicide (Offence)

Offences relating to murder are found in Part VIII of the Criminal Code concerning "Offences Against the Person and Reputation".

Pleadings

Offences under s. 235 [1st or 2nd degree] are exclusive jurisdiction offences under s. 469 and so cannot be tried by a provincial court judge. It is presumptively tried by judge and jury.

Before the Crown can rely on provisions increasing the duration of the weapons prohibition order due to a prior weapons prohibition order notice under s. 727 must be given prior to plea.

Release

Where an accused is charged with any offence listed in s. 469 [including 235], he will be remanded under s. 515(11). The accused may only be released by a superior court judge under s. 522.

Publication Bans

For all criminal or regulatory prosecutions, there is a discretionary general publication ban available on application of the Crown, victim or witness to prohibit the publishing of "any information that could identify the victim or witness" under s. 486.5(1) where it is "necessary" for the "proper administration of justice". Other available publication bans include prohibitions for publishing evidence or other information arising from a bail hearing (s. 517), preliminary inquiry (s. 539) or jury trial (s. 648). There is a mandatory publication ban in all youth prosecutions on information tending to identify young accused under s. 110 of the YCJA or young victims under s. 111 of the YCJA.

Offence Designations
Offence(s) Wiretap
Eligible

s. 183
Dangerous Offender
Designated Offence

s. 752
Serious Personal
Injury Offence

s. 752
AG Consent Required
s. 235 [first or second degree murder] OK Symbol.png OK Symbol.png (primary) OK Symbol.png X Mark Symbol.png

Offences under s. 235 are designated offences eligible for wiretap under s. 183.


See below in Ancillary Sentencing Orders for details on designations relating to sentencing orders.

Offence Wording

Murder, Manslaughter and Infanticide
Murder

229 Culpable homicide is murder

(a) where the person who causes the death of a human being
(i) means to cause his death, or
(ii) means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;
(b) where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that human being; or
(c) if a person, for an unlawful object, does anything that they know is likely to cause death, and by doing so causes the death of a human being, even if they desire to effect their object without causing death or bodily harm to any human being.

R.S., 1985, c. C-46, s. 229; 2019, c. 25, s. 77.
[annotation(s) added]

CCC

Classification of murder

231. (1) Murder is first degree murder or second degree murder.

Planned and deliberate murder

(2) Murder is first degree murder when it is planned and deliberate.
...

Second degree murder

(7) All murder that is not first degree murder is second degree murder.
R.S., 1985, c. C-46, s. 231; R.S., 1985, c. 27 (1st Supp.), ss. 7, 35, 40, 185(F), c. 1 (4th Supp.), s. 18(F); 1997, c. 16, s. 3, c. 23, s. 8; 2001, c. 32, s. 9, c. 41, s. 9; 2009, c. 22, s. 5.

CCC

Punishment for murder

235. (1) Every one who commits first degree murder or second degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life.

Minimum punishment

(2) For the purposes of Part XXIII [Pt. XXIII – Sentencing (s. 716 to 751.1)], the sentence of imprisonment for life prescribed by this section is a minimum punishment.
R.S., c. C-34, s. 218; 1973-74, c. 38, s. 3; 1974-75-76, c. 105, s. 5.

CCC

Imprisonment for Life
Sentence of life imprisonment

745. Subject to section 745.1 [murder conviction – under 18 – instruction], the sentence to be pronounced against a person who is to be sentenced to imprisonment for life shall be

(a) in respect of a person who has been convicted of high treason or first degree murder, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;
(b) in respect of a person who has been convicted of second degree murder where that person has previously been convicted of culpable homicide that is murder, however described in this Act, that that person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;
(b.1) in respect of a person who has been convicted of second degree murder where that person has previously been convicted of an offence under section 4 or 6 of the Crimes Against Humanity and War Crimes Act that had as its basis an intentional killing, whether or not it was planned and deliberate, that that person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;
(c) in respect of a person who has been convicted of second degree murder, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served at least ten years of the sentence or such greater number of years, not being more than twenty-five years, as has been substituted therefor pursuant to section 745.4; and

...
R.S., 1985, c. C-46, s. 745; R.S., 1985, c. 27 (2nd Supp.), s. 10; 1990, c. 17, s. 14; 1992, c. 51, s. 39; 1995, c. 22, s. 6; 2000, c. 24, s. 46.

CCC

Draft Form of Charges

See also: Draft Form of Charges
Pre-ambles
"THAT [accused full name] stands charged that, between the <DATE> day of <MONTH>, <YEAR> and <DATE> day of <MONTH>, <YEAR>***, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR
"THAT [accused full name] stands charged that, on or about the <DATE> day of <MONTH>, <YEAR>, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR
"AND FURTHER at the same time and place aforesaid, he [or she]..."
Code Section Subject of Offence Draft Wording
"..., contrary to section XXX of the Criminal Code.

Proof of the Offence

Proving murder under s. 229(a) should include:

  1. identity of accused as culprit
  2. date and time of incident
  3. jurisdiction (incl. region and province)
  4. the accused does anything that causes death; and
  5. the accused either had:
    1. an intent to cause death or
    2. an intent to cause bodily harm that the accused knew was likely to cause death and was reckless as to whether death ensues or not.[1]

Proving transferred intent murder under s. 229(b) should include:

  1. identity of accused as culprit
  2. date and time of incident
  3. jurisdiction (incl. region and province)
  4. the culprit means:
    1. to cause death to a person or
    2. to cause bodily harm that he knows is likely to cause death to a person; and
  5. the culprit is reckless to whether death ensues
  6. the culprit causes death by accident or mistake of a different person

Proving unlawful act murder under s. 229(c) should include:[2]

  1. identity of accused as culprit
  2. date and time of incident
  3. jurisdiction (incl. region and province)
  4. the culprit does a dangerous act
  5. the act is for an unlawful object
  6. he knows that the act is likely to cause death (knowledge or forethought)
  7. the unlawful act causes death

First Degree Murder

Proof of the element of "planned and deliberate", or any of the specific elements of 231(3),(4),(5),(6.01),(6.1), and (6.2), are necessary to make out first degree murder. Without this element, second degree murder is made out.

Section 582 requires the indictment specially indications the charge of first degree murder before there can be a conviction for first degree murder.

  1. R v Paskimin, 2012 SKCA 35 (CanLII), per Herauf JA, at para 33
  2. see R v Roks, 2011 ONCA 618 (CanLII), per Watt JA

Constitutionality

See also: Offences Found to be Unconstitutional#Constructive Murder

The portion of s. 229(c) that states "ought to know" is unconstitutional and is of no force or effect to the provision.[1]

Section 230 was found unconstitutional because first degree murder cannot be less than objective foresight of death.[2]

  1. R v Martineau, 1990 CanLII 80 (SCC), [1990] 2 SCR 633, per Lamer CJ -- found s.230 (constructive murder) unconstitutional
    R v Sit, 1991 CanLII 34 (SCC), [1991] 3 SCR 124, per Lamer CJ
  2. R v Vaillancourt, 1987 CanLII 2 (SCC), [1987] 2 SCR 636, per Lamer J
    Martineau, supra -- found s.230 (constructive murder) unconstitutional

Murder

First degree and second degree murder are not separate offences. Section 231, defining first degree murder, is "purely a classification section and does not create a separate substantive offence." The distinction is only for the purpose of sentencing.[1] First degree murder is an "aggravated form of murder and not a distinct substantive offence".[2]

The offence of murder under s. 235 is an exclusive jurisdiction offence, and so cannot be tried before a provincial court judge.[3]

  1. R v Nygaard, 1989 CanLII 6 (SCC), [1989] 2 SCR 1074, per Cory J, at para 17
  2. R v Harbottle, 1993 CanLII 71 (SCC), [1993] 3 SCR 306, per Cory J at 323
  3. see s. 469 and Election

Causation

See Causation

Intent

Both types of murder require one of three categories of requisite intent set out in s.229:

  1. the culprit causes death and "means to cause death"; (s. 229(a)(i))
  2. the culprit causes death and "means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not". (s. 229(a)(ii))
  3. the culprit causes death but does so by accident or mistake, while at some point during the act forms a meaning set out above in 229(a)(i) or 229(a)(ii). (s.229(b))
  4. causes death while pursuing an "unlawful object" that "he knows or ought to know is likely to cause death". (s.229(c))

The necessary intent for murder requires proving a subjective foresight of death.[1]

The requisite intent does not need to be simultaneous to the act that causes death. The two must coincide with the "transaction" that forms the substance of the killing. The intent does not need to be present throughout the acts or series of actions or events. [2]

An accused may still be convicted if he does not know the victim's identity[3] or is mistaken as to the victim's identity.[4]

Foreseeable Death (s. 229(a)(ii))

The Crown must prove that the accused foresaw the victim's death as a "probable consequence" of the assault.[5]

The phrase "is reckless whether death ensues or not" has been characterized as "largely redundant".[6]

  1. R v Vaillancourt, 1987 CanLII 2 (SCC), [1987] 2 SCR 636, per Lamer J
  2. R v Cooper, 1993 CanLII 147 (SCC), [1993] 1 SCR 146, per Cory J
  3. R v Marshall (1986) 25 CCC (3d) 151 (NSCA), 1986 CanLII 4617 (NS CA), per Clarke JA
  4. R v Prevost (1988), 42 CCC (3d) 314 (ONCA), 1988 CanLII 7058 (ON CA), per Zuber JA
  5. R v Rodgerson, 2014 ONCA 366 (CanLII), per Doherty JA, at para 24
  6. Rodgerson, ibid., at para 23

Planned and Deliberate (s. 231(2))

Murder by Unlawful Act or Object (s. 231(3) to (6))

Lesser Included Offences

See also: Lesser Included Offences

662.
...

First degree murder charged

(2) For greater certainty and without limiting the generality of subsection (1) [offence charged, part only proved], where a count charges first degree murder and the evidence does not prove first degree murder but proves second degree murder or an attempt to commit second degree murder, the jury may find the accused not guilty of first degree murder but guilty of second degree murder or an attempt to commit second degree murder, as the case may be.

Conviction for infanticide or manslaughter on charge of murder

(3) Subject to subsection (4) [conviction for concealing body of child where murder or infanticide charged], where a count charges murder and the evidence proves manslaughter or infanticide but does not prove murder, the jury may find the accused not guilty of murder but guilty of manslaughter or infanticide, but shall not on that count find the accused guilty of any other offence.
...
R.S., 1985, c. C-46, s. 662; R.S., 1985, c. 27 (1st Supp.), s. 134; 2000, c. 2, s. 3; 2008, c. 6, s. 38; 2018, c. 21, s. 20.
[annotation(s) added]

CCC

Where the Crown proves an intent to kill but fails to prove causation, the lesser included offence of attempted murder is available.[1]

  1. R v Sarrazin, 2010 ONCA 577 (CanLII), per Doherty JA

Res Judicata

Circumstances of aggravation

610 (1) ...

Effect of previous charge of murder or manslaughter

(2) A conviction or an acquittal on an indictment for murder bars a subsequent indictment for the same homicide charging it as manslaughter or infanticide, and a conviction or acquittal on an indictment for manslaughter or infanticide bars a subsequent indictment for the same homicide charging it as murder.

Previous charges of first degree murder

(3) A conviction or an acquittal on an indictment for first degree murder bars a subsequent indictment for the same homicide charging it as second degree murder, and a conviction or acquittal on an indictment for second degree murder bars a subsequent indictment for the same homicide charging it as first degree murder.

Effect of previous charge of infanticide or manslaughter

(4)...
R.S., c. C-34, s. 538; 1973-74, c. 38, s. 5; 1974-75-76, c. 105, s. 9.

CCC

Manslaughter

Proof of Death

Death occurs once the vital functions and organs irreversibly cease to operate.[1]

The Crown must prove as an essential element that the victim is dead. In most cases this is a trivial fact. It is only in murder cases with a missing body that there may be an issue in proving the element.[2]

There is no rule requiring that body be found in order to prove a homicide.[3]

  1. R v Green (1988), 43 CCC (3d) 413, 1988 CanLII 3274 (BC SC), per Wood J
  2. e.g. R v Pritchard, 2007 BCCA 82 (CanLII), per Hall JA, aff'd at SCC in 236 CCC (3d) 301, 2008 SCC 59 (CanLII), [2008] 3 SCR 195, per Binnie J -- conviction for first degree with no evidence of body or how the victim died
    R v St-Germain, 2009 QCCA 1474 (CanLII), per Dufresne JA
  3. R v CMM, 2012 MBQB 141 (CanLII), per Joyal CJ ("For example, the absence of a body in a murder prosecution will not preclude a conviction where the other direct and/or circumstantial evidence establishes that an unlawful death has occurred involving an identifiable victim. ")

Special Procedure

High treason and first degree murder

582 No person shall be convicted for the offence of high treason or first degree murder unless in the indictment charging the offence he is specifically charged with that offence.
R.S., c. C-34, s. 511; 1973-74, c. 38, s. 4; 1974-75-76, c. 105, s. 6.

CCC

Joinder or Severance of Counts
Count for murder

589 No count that charges an indictable offence other than murder shall be joined in an indictment to a count that charges murder unless

(a) the count that charges the offence other than murder arises out of the same transaction as a count that charges murder; or
(b) the accused signifies consent to the joinder of the counts.

R.S., 1985, c. C-46, s. 589; 1991, c. 4, s. 2.

CCC

Defences

The statutory defence of duress is excluded by s. 17 from applying to offences of murder.

The argument of excessive use of force in self-defence does not reduce murder to manslaughter.[1]

  1. R v Reilly, [1984] 2 SCR 396, 1984 CanLII 83 (SCC), per Ritchie J
    see also Self-Defence and Defence of Another

Participation of Third Parties

See also: Role of the Victim and Third Parties and Testimonial Aids for Young, Disabled or Vulnerable Witnesses
Testimonial Aids

Certain persons who testify are entitled to make application for the use of testimonial aids: Exclusion of Public (s. 486), Use of a Testimonial Screen (s. 486), Access to Support Person While Testifying (s. 486.1), Close Proximity Video-link Testimony (s. 486.2), Self-Represented Cross-Examination Prohibition Order (s. 486.3), and Witness Security Order (s. 486.7).

A witness, victim or complainant may also request publication bans (s. 486.4, 486.5) and/or a Witness Identity Non-disclosure Order (s. 486.31). See also, Publication Bans, above.

On Finding of Guilt

Under s. 738, a judge must inquire from the Crown before sentencing whether "reasonable steps have been taken to provide the victims with an opportunity to indicate whether they are seeking restitution for their losses and damages".

Under s. 722(2), the judge must inquire "[a]s soon as feasible" before sentencing with the Crown "if reasonable steps have been taken to provide the victim with an opportunity to prepare" a victim impact statement. This will include any person "who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss" as a result of the offence. Individuals representing a community impacted by the crime may file a statement under s. 722.2.

Sentencing Principles and Ranges

See also: Purpose and Principles of Sentencing, Sentencing Factors Relating to the Offender, and Sentencing Factors Relating to the Offence
Maximum Penalties
Offence(s) Crown
Election
Maximum Penalty
s. 235 N/A Life in custody

Offences under s. 235 are straight indictable. The maximum penalty is life.

Minimum Penalties

For offences under s. 235 there is a mandatory minimum penalty of life [235].

Available Dispositions
Offence(s) Crown
Election
Discharge
s. 730
Suspended
Sentence

s. 731(1)(a)
Stand-alone
Fine

s. 731(1)(b)
Custody
s. 718.3, 787
Custody and
Probation
s. 731(1)(b)
Custody and
Fine
s. 734
Conditional
Sentence
(CSO)
s. 742.1
s. 235 any X Mark Symbol.png X Mark Symbol.png X Mark Symbol.png OK Symbol.png X Mark Symbol.png X Mark Symbol.png X Mark Symbol.png

Offences under s. 235 have mandatory minimums. There are no discharges, suspended sentences, stand-alone fines, or conditional sentences available.

Consecutive Sentences

There are no statutory requirements that the sentences be consecutive.

Principles

Any murder is considered brutal and vicious.[1]

Second Degree Murder

The penalty is a mandatory life sentence with a parole ineligibility period of between 10 and 25 years.

Sentencing for second degree murder is governed by s. 745(c), 745.2, and 745.4 in addition to the regular sentencing provisions.[2]

The process for parole ineligibility for second-degree murder is a "very fact-sensitive process" that accounts for:[3]

  1. the character of the offender
  2. the nature of the offence
  3. the circumstances surrounding the commission of the offence.

The purpose of s. 744 is to "give the trial judge an element of discretion in sentencing to reflect the fact that within second degree murder there is both a range of seriousness and varying degrees of moral culpability"[4]

The variable degrees of ineligibility is meant to reflect the "varying degrees of moral culpability".[5]

The starting point is that the sentence should be 10-year ineligibility that can be increased according to the principles in s. 744.[6]

  1. R v Paterson, 2001 BCCA 11 (CanLII), per Hall JA (2:1) , at para 30
  2. R v Ledesma, 2019 ABQB 204 (CanLII), per Gates J, at paras 24 to 34
  3. R v Shropshire, [1995] 4 SCR 227, 1995 CanLII 47 (SCC), per Iacobucci J
    Ledesma, supra, at para 31
  4. Shropshire, supra, at para 33
  5. Shropshire, supra, at para 31 ("Parliament intended to recognize that, within the category of second-degree murder, there will be a broad range of seriousness reflecting varying degrees of moral culpability.")
  6. Shropshire, supra, at para 29

Parole Ineligibility

The parole ineligibility dates run from the date of arrest.[1]

Several jurisdictions approve of the user of starting points for parole ineligibility.[2]

Section 745.3 requires that a jury be polled regarding eligibility.

Where the offender is a youth, s. 745.3 does not apply.[3]

The minimum period of parole ineligibility is fixed and a sentence cannot go below 10 years after taking into account remand credit.[4]

General deterrence is a valid factor to consider in assessing parole ineligibility.[5]

An increase in ineligibility can be used to "express denunciation" and to reflect the "community's revulsion over the offence".[6]

  1. s. 746; R v Toor, 2005 BCCA 333 (CanLII), [2005] BCJ 1382 (BCCA), per Ryan JA, at para 13
  2. NS: R v Smith, 2014 NSSC 352 (CanLII), per Duncan J
    NB: R v Nash, 2009 NBCA 7 (CanLII), per Robertson JA
  3. R v MT, [2009] OJ No 1351, 2009 CanLII 40314 (ON SC), per Nordheimer J
  4. R v Toews, 2015 ABCA 167 (CanLII), per Costigan JA
  5. R v Hawkins, 2011 NSCA 7 (CanLII), per Beveridge JA, at para 16
    R v Nash, 2009 NBCA 7 (CanLII), per Robertson JA, at para 4
  6. Hawkins, ibid., at para 42

Ranges

see also: Homicide (Sentencing Cases)

Second Degree

Parole ineligibility of 20 years or more are "reserved for offenders who have established patterns of violence" which infers a high risk to re-offend.[1]

In Nova Scotia, the parole ineligibility is set within the range of 12 to 15 years.[2]

Only in the extreme cases will the ineligibility be set at between 18 to 20 years.[3]

Domestic Homicide

Murder of a spouse will usually be in the range of 10 to 15 years.[4]

In Ontario, domestic homicide of an unarmed partner has a range of 12 to 17 years. [5] This range was moved up from a bottom range of 10 years.[6]

  1. R v Hutchinson, 2014 NSSC 155 (CanLII), per Cacchione J, at para 53
  2. R v Hawkins, 2011 NSCA 6 (CanLII), [2011] NSJ No. 33, per Beveridge JA
    R v Ward, R v Ward, 2011 NSCA 78 (CanLII), [2011] NSJ No. 481, per Saunders JA
  3. R v Cerra, 2004 BCCA 594 (CanLII), 192 CCC (3d) 78, per Donald JA, at para 17: (“...parole eligibility greater than 10 years is justified when there is some particularly aggravating feature; for a penalty of greater than 15 years, egregious circumstances of a higher order of moral culpability are present.”)
  4. R v Tan, 1996 CanLII 2500 (BC CA), (1996), 75 BCAC 181, per Prowse JA
  5. R v Czibulka, 2011 ONCA 82 (CanLII), 267 CCC (3d) 276, per Laskin JA, suggests an upper range of 17 years
    R v McKnight, 1999 CanLII 3717 (ON CA), (1999), 135 CCC (3d) 41, per Laskin JA (2:1), at para 48, (“No two cases are the same but similar cases from this province of brutal second-degree murders of an unarmed wife or girlfriend suggest a range of 12 to 15 years.”)
  6. R v Praljak, 2013 ONSC 298 (CanLII), per Dambrot J, at para 17


Ancillary Sentencing Order

Offence-specific Orders
Order Conviction Description
DNA Orders s. 235
SOIRA Orders s. 230 and 231
  • On conviction under s. 230 or 231, as listed under s. 490.011(b), a SOIRA Order shall be ordered under s. 490.011(1)(b), on application of the prosecutor, "if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit" any SOIRA designated offence listed under s. 490.011(a), (c), (c.1), or (d):
      • If there is a concurrent or prior conviction for a designated offence listed under s. 490.013(2)(a), (c), (c.1) or (d), the duration is life (s. 490.012(3))
      • Otherwise, the duration is life as the offence has "maximum term of imprisonment for the offence is life" (s. 490.013(2)(c))).
      • There is an option for early termination under s. 490.015 after 20 years.

Note that by function of s. 490.011(2) of the Code, SOIRA orders are not available when sentencing under the Youth Criminal Justice Act

Weapons Prohibition Orders s. 230 to 236
  • On conviction under s. 230 to 236 where "violence against a person was used, threatened or attempted", and punishable by "imprisonment for ten years or more", the weapons prohibition order is mandatory under s. 109(1)(a) or where "violence was used, threatened or attempted against" an enumerated party relating to a domestic partnership a weapons prohibition order is mandatory under s. 109(1)(a.1).The order prohibits "the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive".
      • Duration (first offence): The Order prohibiting to "firearms" (other than a prohibited firearm or restricted firearm) and "crossbow, restricted weapon, ammunition and explosive substance" is for not less than 10 years starting at release from custody or at sentencing where custody is not ordered. The Order prohibiting "prohibited firearm, restricted firearm, prohibited weapon, prohibited device" is for life.
      • Duration (subsequent s. 109 offence): The duration must be life for all enumerated weapons and firearms. Notice of increased penalty under s. 727 required.
General Sentencing Orders
Order Conviction Description
Non-communication order while offender in custody (s. 743.21) any The judge has the discretion to order that the offender be prohibited "from communicating...with any victim, witness or other person" while in custody except where the judge "considers [it] necessary" to communicate with them.
Restitution Orders (s. 738) any A discretionary Order is available for things such as the replacement value of the property; the pecuniary damages incurred from harm, expenses fleeing a domestic partner; or certain expenses arising from the commission of an offence under s.402.2 or 403.
Victim Fine Surcharge (s. 737) any A discretionary surcharge under s. 737 of 30% of any fine order imposed, $100 per summary conviction or $200 per indictable conviction. If the offence occurs on or after October 23, 2013, the order has smaller minimum amounts (15%, $50, or $100).
General Forfeiture Orders
Forfeiture Conviction Description
Forfeiture of Proceeds of Crime (s. 462.37(1) or (2.01)) any Where there is a finding of guilt for an indictable offence under the Code or the CDSA in which property is "proceeds of crime" and offence was "committed in relation to that property", the property shall be forfeited to Her Majesty the Queen on application of the Crown.
Fine in Lieu of Forfeiture (s. 462.37(3)) any Where a Court is satisfied an order for the forfeiture of proceeds of crime under s. 462.37(1) or (2.01) can be made, but that property cannot be "made subject to an order", then the Court "may" order a fine in "an amount equal to the value of the property". Failure to pay the fine will result in a default judgement imposing a period of incarceration.
Forfeiture of Weapons or Firearms (s. 491) any Where there is finding of guilt for an offence where a "weapon, an imitation firearm, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of [the] offence and that thing has been seized and detained", or "that a person has committed an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance has been seized and detained, that the item be an enumerated weapon or related item be connected to the offence", then there will be a mandatory forfeiture order. However, under s. 491(2), if the lawful owner "was not a party to the offence" and the judge has "no reasonable grounds to believe that the thing would or might be used in the commission of an offence", then it should be returned to the lawful owner.
Forfeiture of Offence-related Property (s. 490.1) any Where there is a finding of guilt for an indictable offence, "any property is offence-related property" where (a) by means or in respect of which an indictable offence under this Act or the Corruption of Foreign Public Officials Act is committed, (b) that is used in any manner in connection with the commission of such an offence, or (c) that is intended to be used for committing such an offence". Such property is to be forfeited to Her Majesty in right of the province.

History

See also: List of Criminal Code Amendments and Table of Concordance (Criminal Code)

2001 to 2009

Classification of murder

231. (1) Murder is first degree murder or second degree murder.

Planned and deliberate murder

(2) Murder is first degree murder when it is planned and deliberate.

Contracted murder

(3) Without limiting the generality of subsection (2), murder is planned and deliberate when it is committed pursuant to an arrangement under which money or anything of value passes or is intended to pass from one person to another, or is promised by one person to another, as consideration for that other’s causing or assisting in causing the death of anyone or counselling another person to do any act causing or assisting in causing that death.

Murder of peace officer, etc.

(4) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the victim is

(a) a police officer, police constable, constable, sheriff, deputy sheriff, sheriff’s officer or other person employed for the preservation and maintenance of the public peace, acting in the course of his duties;
(b) a warden, deputy warden, instructor, keeper, jailer, guard or other officer or a permanent employee of a prison, acting in the course of his duties; or
(c) a person working in a prison with the permission of the prison authorities and acting in the course of his work therein.
Hijacking, sexual assault or kidnapping

(5) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder in respect of a person when the death is caused by that person while committing or attempting to commit an offence under one of the following sections:

(a) section 76 (hijacking an aircraft);
(b) section 271 (sexual assault);
(c) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm);
(d) section 273 (aggravated sexual assault);
(e) section 279 (kidnapping and forcible confinement); or
(f) section 279.1 (hostage taking).
Criminal harassment

(6) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 264 and the person committing that offence intended to cause the person murdered to fear for the safety of the person murdered or the safety of anyone known to the person murdered.

Murder during terrorist activity

(6.01) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an indictable offence under this or any other Act of Parliament where the act or omission constituting the offence also constitutes a terrorist activity.

Using explosives in association with criminal organization

(6.1) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an offence under section 81 for the benefit of, at the direction of or in association with a criminal organization.

Intimidation

(6.2) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an offence under section 423.1.

Second degree murder

(7) All murder that is not first degree murder is second degree murder.
R.S., 1985, c. C-46, s. 231; R.S., 1985, c. 27 (1st Supp.), ss. 7, 35, 40, 185(F), c. 1 (4th Supp.), s. 18(F); 1997, c. 16, s. 3, c. 23, s. 8; 2001, c. 32, s. 9, c. 41, s. 9.

CCC

See Also

References

Extortion

Case Digests

Case Name Sentence Summary
R v Violette,
2013 BCCA 31 (CanLII), per Saunders JA
4 years Offender also sentenced for possession of firearm (2 years). He was a member of the Hells Angels criminal organization.
R v Ste. Marie,
2009 ABCA 177 (CanLII), per curiam
15 months
R v Vonhiltgen,
2007 BCSC 601 (CanLII), per Ehrcke J
9 months extortion
R v Rode,
2007 ABCA 393 (CanLII), per Hillier J
2 years less a day CSO also charged with assault , unlawful confinement; Joint Recommendation sentence
R v RLB
(1992), 131 A.R. 216 (Alta C.A.), 1992 ABCA 243 (CanLII), per Hetherington JA
9 months age 47; offender threatened to publish sexually explicit photographs of his ex-wife to extort forgiveness of child support; appealed from 2 years; images acquired through trust
R v Li (Y.H.)
(1996), 184 A.R. 395 (Alta. C.A.), 1996 ABCA 240 (CanLII), per Hunt JA
2.5 years offender threatened serious bodily harm and death to the complainant, his wife and child, over 1.5 years, in order to extort $22,000; offender claimed to legitimately be owed the money.
 R v Adrian,
2001 ABPC 40 (CanLII), per Daniel J
4.5 years offender entered the hotel room of the victim and demanded $700 owed for drugs;  The offender and an accomplice took the victim to where they might get money; at each location, the victim was beaten for failing to get the money; victim taken back to hotel, beat him and stabbed him in hand

Uttering Threats

Uttering Threats to Cause Bodily Harm or Death

Case Name Sentence Summary
R v Freake,
2012 NLCA 10 (CanLII), per Welsh and Rowe JJA
2 months Offender told social worker that he had a desire to chop up the ex-partner and their child and put them in a suitcase.
R v Carlson
[2012] NJ 443 (PC), 2011 CanLII 80608 (NL PC), per Gorman J
discharge (JR) offender asked for $300 from father for work done, argument arose, offender threatened to kill father and damage vehicle, he threw his father against kitchen counter, alcohol involved
R v Noor,
2011 BCSC 1629 (CanLII), per Arnold-Bailey J
discharge granted road rage; uttering threats
R v Rowe
(2006), 212 CCC (3d) 254 (C.A.), 2006 CanLII 32312 (ON CA), per Sharpe JA
R v Bytyqi
(2004), 2004 CanLII 14964 (ON CA), 186 O.A.C. 114 (C.A.), per curiam
R v Stiliadis,
2004 CanLII 18520 (ON CA), per curiam
R v Rowe
1995 CanLII 9875 (NL CA), per Steele JA
4 months uttering threats while wielding an axe at a person dating offender’s former spouse

Uttering Threats to Damage Property

Case Name Sentence Summary
R v Petravic,
[2001] O.J. No. 2766 (S.C.J.) (*no CanLII links)
Suspended The offender threatened to burn down the constituency office of his member of parliament.
R v Ratmanski,
2016 ONCJ 752 (CanLII), per Band J
Fine and Probation The offender was drunk on a plane and made threatening comments about bombs.

Uttering Threats to Harm Animals

Case Name Sentence Summary
R v White,
2012 CanLII 43292 (NL PC), [2012] N.J. No. 263 (P.C.), per Gorman J
2 months (threat)
6 months (global)
threatened to kill cat of ex-girlfriend
R v Lyver,
2011 CanLII 54511 (NL PC), [2011] N.J. No. 320 (P.C.), per Gorman J
Suspended Sentence threatened to kill neighbour's dog.

See Also

Homicide

Homicide

Murder

First Degree

Case Name Parole Inelig. Comments
R v Greenwood,
2012 NSSC 194 (CanLII), per Kennedy CJ
life with 25 years
R v Morningstar,
2017 NBQB 7 (CanLII), per Walsh J
3 years (arson)
life with 25 years
The offender was also convicted of arson.
Multiple Murders
Case Name Parole Inelig. Comments
R v McArthur,
2019 ONSC 963 (CanLII), per McMahon J
life with 25 years
R v Vuozzo,
2015 PESC 14 (CanLII)(link pending)
life with 35 years "...an individual who was 46 years of age. He pleaded guilty to one count of first degree murder and one count of second degree murder. In 2014, the accused drove to the apartment of relatives of a deceased impaired driver who had killed the accused’s sister back in 1970. The accused went to the apartment for the specific purpose of killing one of those relatives. When he encountered a second male in the apartment, he also intentionally shot and killed the second man. The accused pleaded guilty to one count of first degree murder and one count of second degree murder. The Crown suggested that the court should impose 25 year periods of parole ineligibility, to be served consecutively for a global period of 50 years. This would make the accused 96 years of age when he could apply for parole."
R v Ostamas,
2016 MBQB 136 (CanLII), 329 Man. R. (2d) 203(link pending)
life with 75 years "an accused who, over a two week period, killed three homeless people for no apparent reason. The first two victims died of blunt force trauma, and the last victim died of blunt force trauma and ligature strangulation. There was evidence that the accused had mental health problems. He was charged with three counts of second degree murder. There was a joint submission that the accused should not only receive the maximum period of parole ineligibility of 25 years on each count, but also that the three counts should run consecutive, hence equaling 75 years. The accused was 40 years of age when he committed these offences."
R v WGC,
2015 ABQB 252 (CanLII)(link pending)
life with 35 years When the accused "was 22 years of age, he started having repeated sexual intercourse and oral sex with a young child right through until she became pregnant with his child at age 15. The accused then decided that he would kill the 15 year olds mother. He planned in a deliberate fashion to go over to the residence one morning after obtaining a key from the child he sexually abused. He hunted down the mother and repeatedly stabbed her in the presence of one of her other children, who was only five years of age. He then hunted down the five year old and killed him as well. The accused then staged the entire scene to make it look like there had been a struggle with others. He then took the victim’s car. He came up with an elaborate plan to set up a third person as the potential killer." He "pleaded guilty to the first degree murder of the mother, the included offence of second degree murder of the five year old child and the third count of sexual touching in relation to the child victim. There was a joint submission put before the court of making the parole ineligibility on the count of second degree murder ten years, and having the periods run consecutively. Hence, the joint submission, which was accepted, resulted in a period of 35 years of parole ineligibility, which would allow the accused to apply for parole at 61 years of age."
R v Bourque,
2014 NBQB 237 (CanLII), 15 C.R. (7th) 52(link pending)
life and 75 years "the accused pleaded guilty to three counts of first degree murder and two counts of attempted murder using a firearm. In June of 2014, the 24 year old accused planned on killing RCMP police officers. He armed himself with two firearms and a supply of ammunition. The court found that there was strong pre-meditation. The three killings and two attempted killings took place in a little over 20 minutes. The Crown sought three consecutive 25 year periods of parole ineligibility. The defence also submitted that there should be two consecutive periods of parole ineligibility totaling 50 years. The Court found that general deterrence and denunciation must be paramount to deter others from seeking to kill law officers in the execution of their duty. The accused received 75 year parole ineligibility. He could apply at 99 years of age."
R v Baumgartner,
2013 ABQB 761 (CanLII), 578 A.R. 87 (link pending)
"the accused had been employed with an armoured car company. He planned a robbery to steal over $400,000, and part of his plan would be the deliberate execution of some of his fellow armed security guards. The accused was initially charged with three counts of first degree murder and one count of attempted murder. With the consent of the Crown, the accused pleaded guilty to the one count of first degree murder and two counts of second degree murder and lastly, a count of attempted murder. The accused, taking advantage of the trust of his fellow security guards, took his pistol and shot two of them in the back of the head. A third was also shot. He then proceeded to approach the driver and shoot him dead as well. There was a joint submission by experienced counsel that a total period of parole ineligibility of 40 years would be appropriate. The court accepted the joint submission."

Second Degree - Generally

Case Name Parole Inelig. Comments
R v Chen,
2019 ONSC 3952 (CanLII),
per Campbell J
10 years
R v Hannan,
2018 NSSC 335 (CanLII), per Wright J
15 years The victim was stabbed 9 times with a knife and left to die.
R v Nicholas,
2018 ONSC 678 (CanLII), per George J
13 years Summary of case is pending.
R v Pernosky,
2018 BCSC 1252 (CanLII)(complete citation pending)
13 years "The offender pleaded guilty to the second-degree murder of his half-sister. Death was caused by asphyxiation, followed by a series of sexual acts on the deceased. The offender was 27 at the time of the offence with no adult criminal record. He did not claim to be more than mildly intoxicated at the time. He offered no explanation for his actions."
R v Burwell,
2017 SKQB 375 (CanLII), per Danyliuk J
16 years Summary of case is pending.
R v Baldwin,
2017 ONSC 5040 (CanLII), per Lafrance-Cardinal J
12 years Summary of case is pending.
R v Bernard,
2017 NSSC 129 (CanLII), per Gogan J
14 years Summary of case is pending.
R v Mohamed,
2017 MBQB 64 (CanLII), per Chartier J
13 years Summary of case is pending.
R v Gabriel,
2017 NSSC 90 (CanLII), per Campbell J
13 years The offender was black and mi'kmaq. A cultural impact assessment gave some background to the offender.
R v Tucker,
2017 NBQB 17 (CanLII), per Grant J
14 years The offender was convicted of second degree murder of his mother.
R v Roy,
2016 NBQB 7 (CanLII), per DeWare J
16 years The offender stabbed his mother to death and then set the house on fire. He was 25 years old, and had a diagnosis of axiety and drug abuse. He had a long history of mental illness and drug addiction. He had a prior record for violence.
R v Ostamas,
2016 MBQB 136 (CanLII), per Toews J
75 years The offender was convicted of three counts of second degree murder. He strangled two persons to death and beat another to death with a piece of lumber. All victims were homeless persons. Crown and defence had a joint agreement on s. 745.51 applying to order three consecutive sentences of 25 years each.
R v Ryan,
2015 ABCA 286 (CanLII), per Picard JA (2:1)
17 years The offender was as drug dealer and shot one of his sellers when the victim stole some of his drugs and vehicle. He hid the body is the woods. He was 29 years old.
R v Scott
2014 NBQB 146 (CanLII), per Morrison J
15 years The offender was plead guilty to killing an 82 year old woman. The victim helped him by driving him to her home where the offender hit her in the head with a hammer 19 times. He tried to make the murder scene look liek a sexual assault. He was 19 years old with a history of mental illness.
R v Borbely,
2013 ONSC 3355 (CanLII), per Glass J
17 years Summary of case is pending.
R v Chareka
2013 NSSC 320 (CanLII), per Scaravelli J
13 years stabbing. No prior criminal record
R v Neville,
2013 CanLII 13601 (NL SCTD), per Thompson J
12 years stabbing
R v Jiminez-Acosta,
2013 ONSC 5524 (CanLII), per AJ Goodman J
13 years The offender was convicted of murder. He got into an argument with the victim when she told him she was leaving him. He beat and stabbed her. The offender tried to cover up evidence and mislead the investigators. He had no prior criminal record.
R v Hardy,
2012 NSSC 209 (CanLII), per Wright J
14 years offender had a prior record involving violence. He was mentally ill. He confessed and was remorseful.
R v Swite,
2012 BCSC 1755 (CanLII)
13 years "Swite was 20 years old at the time of the offence. He had no criminal record. He had little if any meaningful school or work history. He had strong Gladue factors, including many forms of deprivation and alcohol abuse from an early age. The court found [he] was significantly intoxicated at the time of the offence.

... Swite’s victim was an 85-year old aboriginal woman who was a stranger to him. He killed her by suffocating her with a pillow. He then had sex with her dead body. "

R v Ward,
2011 NSCA 78 (CanLII), per Saunders J
13 years Summary of case is pending.
R v Belcourt
2012 BCSC 1844 (CanLII), per Macaulay J
17 years Summary of case is pending.
R v Dahr
2012 ONCA 433 (CanLII), per Gillese JA
15 years Summary of case is pending.
R v Blandon
2012 ONSC 3864 (CanLII), per Nordheimer J
12 years Summary of case is pending.
R v Hardy
2012 NSSC 209 (CanLII), per Wright J
14 years Summary of case is pending.
R v Jojic
2012 BCCA 101 (CanLII), per Ryan JA
13 years Summary of case is pending.
R v Hall
2011 ONSC 7281 (CanLII), per Archibald J
14 years Summary of case is pending.
R v Boudreau,
2009 NSSC 30 (CanLII), per Stewart J
20 years Offender