Full Text:Volume 6A

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See also: Full Text:Volume 6

Terrorism Offences

Case Digests

Weapons Offences

Possession Offences

Includes:

  • s. 86: (Careless Storage),
  • s. 88 (Poss'n for Dangerous Purpose),
  • s. 89, 90 (Concealed Weapon),
  • s. 91 (Unauthorized Possession of a Firearm),
  • s. 92 (Possession of Unauthorized Firearm),
  • s. 93, 94 (Possession of a Firearm in an Unauthorized Place) and
  • s. 95 (Possession of a Restricted/Prohibited Firearm).
Case Name Prv. Crt. Sentence Summary
R v Laing ,
2021 NSPC 14 (CanLII), per Buckle J
NS PC 18 months
3 years probation
R v Steed ,
2021 NSSC 71 (CanLII), per Roskinski J
NS SC 4 years
R v Anderson,
2020 NSPC 10 (CanLII), per William CJ
NS PC "the offender was sentenced to a conditional sentence order of two years less a day plus probation for two years after being found guilty after trial of weapons offences relating to his possession of a loaded handgun in his waistband in a motor vehicle. He was youthful and had a dated criminal record. Mr. Anderson is African Nova Scotian, the Court had the benefit of an Impact of Race and Culture Assessment and evidence of good prospects for rehabilitation." [1]
R v Silvera ,
2019 ONCJ 27 (CanLII), per Silverstein J
ON PC discharge (storage)
R c Morin,
2019 QCCQ 3190 (CanLII), per Belanger J
QC PC conditional discharge
R v Goodrich,
2019 ABPC 250 (CanLII), per LeGrandeur J
AB PC 90 days
R v Dalton,
2018 ONSC 544 (CanLII), per Garton J
ON SC
R c Bilodeau Joseph,
2019 QCCQ 7248 (CanLII), per Fafard J
QC PC 18 months
R v Abma,
2019 BCPC 268 (CanLII), per Cutler J
BC PC 18 months (global)
R v Hussein,
2019 ONCJ 25 (CanLII), per Bourgeois J
ON PC 30 months
R v Motevalli,
2019 BCSC 162 (CanLII), per Macintosh J
BC SC 30 months
R v Padda,
2019 BCCA 351 (CanLII), per Harris JA
BC CA 30 months
R v Leblanc,
2019 BCSC 536 (CanLII), per Norell J
BC SC 3 years imprisonment
R c Aurelus-Marmontel,
2019 QCCQ 4613 (CanLII), per Faullem J
QC PC 5 years
R v Yang ,
2018 ONCA 230 (CanLII), per curiam
ON CA Suspended Sentence (storage)
(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 Dalton ,
2018 ONSC 544 (CanLII), per Garton J
ON SC CSO and probation "guilty plea in the SCJ to possess loaded restricted firearm hidden in his family home, kept it to “protect” his son, 1 year CSO on top of the equivalent of 15 months presentence custody, dated criminal record including a firearm offence."
R v Bokhari ,
2018 ONCA 183 (CanLII), per curiam
ON CA 14 months jail "an offender with a shotgun hidden in his home. The offender was sentenced after a contested OCJ trial;"
R v Boussoulas,
2018 ONCA 222 (CanLII), per curiam
ON CA 21 months jail "a 65-year old offender with no criminal record. The illegal gun was loaded and in his home. There was no other connected criminal activity. The offender’s possession was to protect himself and his family from threats made against them. He pled guilty after an unsuccessful SCJ Charter application;"
R v Halpenny,
2018 NSSC 30 (CanLII), per Cacchione J
NS SC 30 months The offender was sentenced for "six offences relating to his possession of loaded and unloaded restricted and prohibited handguns and silencers. The offender was 57 years old with a dated and unrelated criminal record. He was a hunter and gun collector. The weapons were in a locked building on his rural property. The aggravating factors included that four of the 15 firearms seized were handguns, three of the handguns were loaded, two of the long guns were wrapped in plastic and hidden in the ceiling, three of the handguns were concealed but readily accessible in the garage and he was also in possession of items normally worn and used by police officers such as police rain gear, duty belt and body armor." [2]
R v Earle,
2018 NLSC 257 (CanLII), per Khaladkar J
NL SC "the offender was sentenced to 30 months in custody in addition to five and a half months of pre-trial credit for various offences relating to an armed stand-off with police. He was suicidal and wanted to die by having the police kill him." [3]
R v Kirstein,
2018 ABPC 89 (CanLII), per Skene J
AB PC
R v Wilson,
2018 BCSC 1405 (CanLII), per Crossin J
BC SC 30 months
R v Wright,
2018 ONSC 4209 (CanLII), per Corrick J
ON SC 2 years less a day
R v Perry,
2018 NSSC 16 (CanLII), per Wood J
NS SC 20 months less a day
R v Roeske,
2018 ONCJ 874 (CanLII), per Perkins-McVey J
ON PC 2 years less a day (global)
R v Sellars,
2018 BCCA 195 (CanLII), per Smith JA
BC CA 2 years less a day (global)
Directeur des poursuites criminelles et pénales c. Brulé,
2018 QCCQ 12233 (CanLII), per Bonin J
QC PC 18 months
R v Mahamet-Zene,
2018 ONSC 1050 (CanLII), per Akhtar J
ON SC 42 months "on a 24 year old offender with no criminal record. The loaded firearm had a bullet in the chamber, and the offender was carrying it in a backpack he left hanging off a fence while chatting with friends on the street. He had a contested SCJ trial;"
R v Thavakularatnam,
2018 ONSC 2380 (CanLII), per Akhtar J
ON SC 40 months "a 20 year old offender with no “adult criminal record”. He was carrying the loaded firearm in a mall. While there was no other connected criminal activity apparent, he was on bail and had injured police in an attempt to flee. He pled guilty after an unsuccessful Charter argument in the SCJ"
R v Vanayan,
2017 BCSC 1820 (CanLII), per Arnold-Bailey J
BC SC 32 months
R v Mansingh,
2017 ONCA 68 (CanLII), per curiam
ON CA 43 months "The offender was “young”, had no criminal record, and discarded the loaded firearm on the ground during flight from police. The firearm possession offence was connected to marijuana trafficking. He had a contested SCJ trial;"
R c Moisescu,
2017 QCCQ 2093 (CanLII), per Lachance J
QC PC 3 years imprisonment
R c Desjardins,
2017 QCCA 196 (CanLII), per curiam
QC CA 1 year
R v Hassan,
2017 ONSC 4570 (CanLII), per Backhouse J
ON SC 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. He was on bail at time. He had "22 days PSC and 35 months restrictive bail terms, found guilty after unsuccessful SCJ Charter application."
R v Nsiah,
2017 ONSC 769 (CanLII), per Goldstein J
ON SC 2.5 years imprisonment Summary of case is pending.
R v Squires,
2017 CanLII 17175 (NLPC), per Skanes J
NL PC 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 Redden,
2017 NSSC 172 (CanLII), per Chipman J
NS SC 2 years less a day (global)
R c Colangelo,
2017 QCCA 195 (CanLII), per curiam
QC CA
R v Shunmuganathan,
2016 ONCJ 519 (CanLII), per Blouin J
ON PC 2 years less a day (global)
R v Owchar,
2016 ABPC 102 (CanLII), per Barley J
AB PC 18 months
R v Kennedy,
2016 MBCA 5 (CanLII), per Hamilton JA
MB CA 3 years imprisonment
R v Pelletier ,
2016 BCSC 2497 (CanLII), per Kelleher J
BC SC suspended, 3 years
R v Shunmoganathan,
2016 ONCJ 519 (CanLII), per Blouin J
ON PC 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
BC SC 19 months CSO Summary of case is pending.
R v Armstrong,
2016 BCPC 94 (CanLII), per Morgan J
BC PC 60 days jail
R v Skinner,
2016 NSCA 54 (CanLII), per Saunders JA
NS CA "the Appeal Court imposed a sentence of 6.5 years on an offender who had pleaded guilty to a number of firearms offences. Mr. Skinner was the passenger in a car that was driving in a busy residential area of north end Halifax at around 11 a.m. He had a semi-automatic pistol and directed the driver to follow another car. When the other car stopped, Mr. Skinner drove past and Mr. Skinner fired six shots in the direction of the other vehicle with the pistol. Five of the shots hit the vehicle. Mr. Skinner was youthful but had a significant criminal record including three previous convictions for possession of a loaded prohibited or restricted firearm and was subject to a firearms prohibition order at the time of the offences. He had also already pleaded guilty to offences arising out of his arrest the next day when he was found in a vehicle with the same handgun he had used the previous day, but reloaded, tucked into his waistband. For those offences, the Court had imposed the jointly recommended sentence of five years in custody in addition to four months of pre-trial custody. The appeal court did not interfere with the judge’s discretion to order that the sentences for the offences arising out of the shooting be served concurrently to the sentences for the offences arising out of the arrest." [4]
R c Di Ruzza,
2016 QCCQ 9275 (CanLII), per Poulin J
QC PC 16 months
R v Armstrong,
2016 BCPC 94 (CanLII), per Morgan J
BC PC 60 days (global)
R v Haus,
2016 BCPC 11 (CanLII), per Keyes J
BC PC 6 months (global)
R c Green,
2016 QCCA 379 (CanLII), per JA
QC CA
R v Devink,
2016 BCSC 1658 (CanLII), per Young J
BC SC 1 years imprisonment (global)
R c Julien,
2016 QCCQ 7014 (CanLII), per Beaulieu J
QC PC 20 months
R v Shomonov,
2016 ONSC 4015 (CanLII), per McCombs J
ON SC 21 months "a 29-year old first offender. There was no other criminal activity connected to the firearm possession, but there were two firearms found in the offender’s work unit inside a strip mall. Both guns were unloaded but had ammunition readily accessible. McCombs J. accepted the offender’s possession was to protect himself from robbery. He noted, at para. 7, that this reason was not a mitigating factor but still relevant to sentence;"
R c Spiezia,
2016 QCCQ 12825 (CanLII)
QC PC 26 months
R c De Gregorio,
2016 QCCQ 14356 (CanLII), per Fafard J
QC PC 32 months
R v McClellan ,
2015 BCPC 129 (CanLII), per Hoy J
BC PC fine
R v Cadienhead,
, [2015] O.J. No. 3125(*no CanLII links)
ON 2 years less 1 day "a young male, on probation, carrying a loaded gun, serial number defaced, on a residential street."
R v Rutledge,
2015 ONSC 6625 (CanLII), per Wien J
ON SC 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 Phinn,
2015 NSCA 27 (CanLII)
NS CA "the Nova Scotia Court of Appeal upheld a sentence of six years for an accused who was found guilty of weapons offences relating to a loaded handgun. Mr. Phinn had been at the scene of a street fight involving a large number of people. He was arrested and released but a short time later was arrested again as the passenger in a motor vehicle. A loaded handgun was found under his seat and the trial judge was satisfied that he had carried the gun into the vehicle. He had a previous record which included two prior convictions for possessing loaded handguns and was on a weapons prohibition at the time of the offence." [5]
R v Crathorne,
2015 NSPC 1 (CanLII), per Chisholm J
NS PC "the offender was sentenced to 10 months in custody for possession of a prohibited firearm and five months consecutive for violation of a firearms prohibition order. He boarded a Halifax city bus with an unloaded sawed-off shotgun, showed it to a passenger and placed it inside his coat. The driver woke him when he fell asleep and the gun fell out. At the time he was the subject of a firearms prohibition order. He had a previous record, but no previous convictions for weapons offences. He was youthful, had cooperated with police, suffered from substance abuse and mental health challenges for which he was getting help." [6]
R v Laponsee,
2015 ONCA 344 (CanLII), per curiam
ON CA 1 year (global)
R v O'Neill,
2015 BCSC 780 (CanLII), per Smith J
BC SC 2 years less a day (global)
R c Ulysse,
2015 QCCQ 10576 (CanLII), per Lavergne J
QC PC 18 months
R v Marshall,
2015 ONCA 692 (CanLII), per Cronk JA
ON CA 3.5 years "The offender was 23, had no criminal record, and had left the loaded firearm in a satchel at his friend’s house while stepping out for lunch. The firearm offence was connected to cocaine trafficking. He had a contested SCJ trial;"
R v Holt,
2015 BCCA 302 (CanLII), per Newbury JA
BC CA 30 months
R v Beals,
2015 ONSC 2911 (CanLII), per Goldstein J
ON SC 3 years imprisonment
R c Kaluza,
2014 QCCQ 11283 (CanLII), per Marchi J
QC PC suspended, 2 years
R v Browne,
2014 ONSC 4217 (CanLII), per Campbell J
ON SC 3 years imprisonment Summary of case is pending.
R v Hector,
2014 ONSC 1970 (CanLII), per MacDonnell J
ON SC 6 years imprisonment (global) Summary of case is pending.
R c Cadieux,
2014 QCCQ 670 (CanLII), per Weitzman J
QC PC 6 months (global)
R v Smickle,
2014 ONCA 49 (CanLII), per curiam
ON CA 2 years less one day jail "The offender was 27 years old and had no criminal record. The gun was loaded and was in the offender’s physical possession when police entered the apartment. There was no connection to other criminal activity, and the defendant had a contested SCJ trial;"
Lévis Mercier c. Directeur des poursuites criminelles et pénales,
2014 QCCQ 3020 (CanLII), per Grimard J
QC PC 3 years
R c Gardner,
2013 QCCQ 1308 (CanLII), per Marchand J
QC PC conditional discharge
R v Barr and Cross,
2011 BCPC 484 (CanLII), per Bahen J
BC PC $10,000 fine
R v Kurkcuoglu ,
2010 BCSC 633 (CanLII), per Morrison J
BC SC conditional discharge
R v Nuttley,
2013 ONCJ 727 (CanLII), per Brown J
ON PC 13 months CSO Summary of case is pending.
R v Charles,
2013 ONCA 681 (CanLII), per Cronk JA
ON CA 7 years imprisonment Summary of case is pending.
R v Davis,
2013 ABPC 69 (CanLII), per Lamoureux J
AB PC 12 months / 4 years imprisonment (global) Offender sentenced for unsafe storage. He had a shotgun, brass knuckles and stolen property
R v Blagdon,
2013 NSPC 93 (CanLII), per Derrick JA
NS PC "an 18-month conditional sentence was imposed on the passenger in a car where a loaded revolver was located. The offender had an unrelated prior criminal record. He was in the company of the driver (who received six years) in downtown Halifax shortly after the driver fired three times in the direction of another person." [7]
R v Nuttley,
2013 ONCJ 727 (CanLII), per Brown J
ON PC
R v Vandyke,
2013 ABPC 347 (CanLII), per Lamoureux J
AB PC 1 year
R v Strang,
2013 CarswellNfld 77, 2013 CarswellNfld 202(*no CanLII links)
NS "the offender was given a suspended sentence with probation after pleading guilty to careless use of a firearm. He had discharged a shotgun into the air as part of a Canada Day celebration and later assisted his very drunk friend to do the same. They were drinking and fired the shots from a deck above the roofs of houses in a subdivision. He was a youthful first-time offender." [8]
R v Scarlett,
2013 ONSC 562 (CanLII), per Strathy J
ON SC 3 years imprisonment
R v Cater,
2012 NSPC 38 (CanLII), per Derrick J
NS PC "the offender was sentenced to eight years’ custody less the time he had served pre-trial for offences relating to the illegal possession and trafficking firearms. The offences included possession of a loaded prohibited sawed-off shotgun, possession of an unloaded prohibited handgun together with readily accessible ammunition, and the firearms trafficking offences which carried mandatory minimum sentences. One of the weapons was fully automatic and he had over-capacity magazines. He was very youthful, had no previous firearms related offences on his record and had good prospects for rehabilitation." [9]
R v Ramirez,
2012 ABPC 176 (CanLII), per Fradsham J
AB PC discharge no record
R v Clarke,
2012 CanLII 60848 (NL PC, per Porter J
NL PC 60 days jail (poss'n)
30 days jail (assault x 2)
30 days jail (breach x 2)
The offender was convicted of assaulting two persons and carrying a knife while he committed the two assaults.
R v Carbone,
2012 ONCJ 22 (CanLII), per Cole J
ON PC 60 days
R c Hanopol,
2012 QCCQ 7384 (CanLII), per Healy J
QC PC 1 year
R v Hill,
2011 NSPC 28 (CanLII), per Hoskins J
NS PC "the offender was sentenced to 12 months in custody after pleading guilty to firearms offences. He was found in possession of an unloaded handgun which was located in a cargo toolbox in the rear of his truck He had a significant prior record which included serious drug offences, was on parole at the time of the offence and was violating a lifetime firearm prohibition order. His pre-sentence report was relatively positive and he had the ability to be gainfully employed." [10]
R v Sousa,
2011 ONSC 6463 (CanLII), per MacDonnell J
ON SC 2.5 years imprisonment handgun
R v Chan,
2011 NSSC 471 (CanLII), per Wright J
NS SC "the offender was sentenced to 11 years in custody after being convicted of numerous weapons offences. The offences related to two different dates. On one, he entered a shop with his face covered and fired a handgun three times in the direction of a person with whom he had an altercation. There were innocent bystanders present and one bullet went through the wall, entering an adjacent shop. He was arrested eight days later and found in possession of the same handgun that had been used in the earlier incident. His actions in the shop were described as brazen and reckless, endangering others who were in the shop and the proprietor of an adjacent store. He had a significant criminal record including related offences and was the subject of a firearms prohibition order at the time of the offences." [11]
R v Mathews,
2011 ABPC 324 (CanLII), per Brown J
AB PC 2 years less a day (global)
R v Beaman,
2010 NBQB 103 (CanLII), per Grant J
NB SC 3 months (global)
R c Parasiris,
2009 QCCA 709 (CanLII), per curiam
QC CA {{{5}}}
R v Grice,
2008 ONCJ 476 (CanLII), per Puglsey J
ON PC $500 fine (storage) Someone found accused was videotaping ex-wife in shower, found carelessly stored .22 cal rifle.
R v Ugodnikov,
2008 ABPC 249 (CanLII), per Stevens-Guille J
AB PC 60 days jail The offender was convicted of wielding a knife while in a busy Edmonton street crowd during the hockey playoffs. He had no prior record. The pre-sentence report was positive. The judge stated that the offence was highly dangerous and needed general deterrence.
R v Norris,
2005 BCPC 392 (CanLII), per Gove J
BC PC

Possession of a Weapon Contrary to an Order (117.01)

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

Use Offences

Includes s. 87: (Pointing a Firearm), s. 244 (Discharging a Firearm).

Case Name Prv. Crt. Sentence Summary
R v Riggs,
2016 CanLII 89895 (NLSCTD), per Goodridge J
NL SC 15 months The offender pointed a firearm at two persons
R v Nadon,
2016 ONSC 3518 (CanLII), per Kurke J
ON SC 2 years imprisonment (pointing)
R v Huson,
2009 BCSC 1825 (CanLII), per Schultes J
BC SC 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 {{{3}}}]
ON 13 months
R v Tallon,
2003 CanLII 27268 (ON CA, per Rosenberg JA
ON CA
R v Dumont,
2001 CanLII 24174 (ON CA, per Labrosse JA (2:1)
ON CA 1 year CSO
R v LDM,
2001 NSCA 19 (CanLII), per Flinn JA
NS CA 4 years imprisonment
R v Beardy,
2001 MBCA 34 (CanLII), per Huband JA
MB CA 1 year incarceration
R v Forrest,
2000 CanLII 5091 (ON CA, per curiam
ON CA 18 years imprisonment
R v Johnsen,
1999 BCCA 577 (CanLII), per Ryan JA
BC CA 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
ON CA 20 months (pointing)
R v Smith,
1999 CanLII 1544 (ON CA, per curiam
ON CA 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
ON CA 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 ON CA 2 years (pointing)
R v Heddle,
1997 CanLII 2998 (BC CA, per Southin JA
BC CA 1 year (pointing)
R v Bruce (JUL), ,
1997 CanLII 16057 (NLSCTD), per Robert J
NL SC 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
NS CA 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
AB CA 22 years (global)
R v Green,
1995 ABCA 77 (CanLII), per Cairns JA
AB CA 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 CanLII 10347 (NLSCTD), per Hickman CJ
NL SC 9 months (assault weapon)
R v Bunker,
1994 ABCA 99 (CanLII), per curiam
AB CA 3 years imprisonment 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 (BCCA), per Hutcheon JA
BC CA 4 years imprisonment 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
NL CA 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 (BCCA), per Lambert JA
BC CA 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 (BCCA), per Taggart JA
BC CA 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.
R v Nungusuituq,
2019 NUCJ 6 (CanLII), per Charlesworth J
NU 3 years imprisonment
R v Yang,
2018 ONCA 230 (CanLII), per curiam
ON CA See above See above
R v Cox,
2015 ONCA 769 (CanLII), per curiam
ON CA 11 years imprisonment Discharged a firearm in the course of a robbery.
R v Jefferson,
2014 ONCA 434 (CanLII), per curiam
ON CA 10 years imprisonment
R v Derion,
2013 BCPC 381 (CanLII), per Giardini J
BC PC 7 years imprisonment 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 (NLPC), , [2013] NJ 120 (NLPC), per Marshall J NL PC 7 years imprisonment (discharge)
7 years imprisonment (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 ON SC 4 years imprisonment (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 ON CA 9 years imprisonment "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 NS SC 7 years imprisonment (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
ON SC 9.5 years imprisonment "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
ON CA 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.


Section 99, 100: Weapons Trafficking

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

Section 103: Importing Weapons

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

See Also

Conspiracies and Criminal Organizations

Case Digests

Case Name Prv. Crt. Sentence Summary
R v Sappier,
2016 CanLII 89863 (NBCA), per Baird JA
NB CA 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
NS SC 10 years imprisonment 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 Prv. Crt. Sentence Summary
R v Dedeckere,
2017 ONCA 799 (CanLII), per curiam
ON CA 1 year incarceration 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 Prv. Crt. Sentence Summary
R v Calahoo,
2019 ABQB 30 (CanLII), per Ross J
AB SC 2 years less a day incarceration Shaking 2 month old baby resulting in child's death

Unreported

  • [12] 2 years, 4 months (NS)

Defamatory Libel

Case Digests

Failing to Provide the Necessities of Life

Case Digests

Case Name Prv. Crt. Sentence Summary
R v Stephan,
2016 ABQB 353 (CanLII), per Jerke J
AB SC 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
NS SC 2 years imprisonment (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
SK SC 3 years imprisonment

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 Rajkovic,
2021 ONCA 11 (CanLII)(complete citation pending)
ON CA 8 years (kidnapping)
8 years (robbery)
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 imprisonment 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 imprisonment (kidnapping)
7 years imprisonment (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 (NLPC), 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 imprisonment 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 (NLSCTD), 191 Nfld. & PEIR 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 (NLSCTD), 126 Nfld. & PEIR 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 Prv. Crt. Sentence Summary
R v Stewart,
2004 CanLII 5541 (NLPC), , [2004] NJ No. 278 (P.C.), per Porter J
NL PC 30 days jail for each count included 3 counts of prowling and other offences
R v Blaisdell,
2001 PESCAD 5 (CanLII), per curiam
PEI CA 30 days jail included other offences such as 264.1
R v Hawes,
1994 CanLII 4017 (NSCA), per Pugsley JA
NS CA 30 days jail long prior record

Trafficking in Persons



Case Digests

Case Name Prv. Crt. Sentence Summary
R v AE,
2018 ONSC 471 (CanLII), per Boswell J
ON SC 10 years imprisonment Summary of case is pending.
R v Alexis-McLymont and Elgin and Hird,
2018 CanLII 8524 (ONSC), per Leach J
ON SC 6 years imprisonment (global, Alexis-McLymont)
9 years imprisonment (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
ON PC
R v DA,
2017 ONSC 3722 (CanLII), per André J
ON SC see case summary at 2018 CanLII 8524 (ONSC)
R v Campbell,
2017 ONSC 26 (CanLII), per McWatt J
ON SC 45 months (global) Summary of case is pending. see for summary 2018 ONSC 471
R v Deiaco,
2017 ONSC 3174 (CanLII), per Kelly J
ON SC 8 years imprisonment (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. see case summary at 2018 CanLII 8524
R v NJ,
2017 ONSC 3995 (CanLII), per Hill J
ON SC 5 years imprisonment 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
ON CA 5 years imprisonment Appeal from 2016 ONSC 2939 (CanLII), per Aitken J
R v Finestone,
2017 ONCJ 22 (CanLII), per Greene J
ON PC 4 years imprisonment 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
ON SC 5 years imprisonment (trafficking)
3 years imprisonment (benefits)

6 months Withholding documents
1 year incarceration (assault)
6 months (threats)
6 months (breach)

Summary of case is pending. short summary found at 2017 ONSC 26 (CanLII)
R v Byron,
2014 ONSC 990 (CanLII), per Warkentin J
ON SC 6 years imprisonment 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
BC SC 23 years imprisonment The offender was convicted of living off the avails of prostitution.
R v McPherson,
2013 ONSC 1635 (CanLII), per Baltman J
ON SC 4 years imprisonment The offender was convicted of living off the avails under s. 212. [1]
R v Wallace,
2009 ABCA 300 (CanLII), per curiam
AB CA 3 years imprisonment Summary of case is pending.
R v Mfizi,
2008 CanLII 29779 (ONSC), [2008] O.J. No. 2430 (Sup. Ct.), per Thorburn J
ON SC 8 years imprisonment 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 (CA)(*no CanLII links)
ON CA 4.5 years imprisonment The offender compelled three underage females to enter into prostitution. [2]
R v Tang,
1997 ABCA 174 (CanLII), per curiam
AB CA Summary of case is pending.
  1. short summary found at 2017 ONSC 26 (CanLII), per McWatt J, at para 75
  2. 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 Prv. Crt. Sentence Summary
R v Ackert,
2015 SKQB 293 (CanLII), per Tholl J
SK SC Suspended Sentence Summary of case is pending.
R v Avrett,
2001 BCPC 281 (CanLII), per Ellan J
BC PC Suspended Sentence Summary of case is pending.

Forcible Entry

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

Public Incitement of Hatred

Case Digests

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

Overcoming Resistance

Case Digests

Case Name Prv. Crt. Sentence Summary
R v Robinson,
, [1993] 135 A.R. 342 (CA)(*no CanLII links)
AB CA 4 years imprisonment 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
AB PC 3 years imprisonment 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 Prv. Crt. Sentence Summary
R v Singh,
2014 BCPC 139 (CanLII), per Bahen J
BC PC 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
BC PC Suspended Sentence
R v Williams,
2013 BCCA 116 (CanLII), per Garson JA
BC CA 90 days jail
R v Peepre,
2013 BCCA 115 (CanLII), per Garson JA
BC CA 60 days detailed table of cases at end
R v Chou,
2013 BCPC 23 (CanLII), per Dhillon J
BC PC 90 days CSO
R v Renderos,
2012 BCPC 467 (CanLII), per Palmer J
BC PC 45 days jail + P
R v Andrews,
2012 BCPC 486 (CanLII), per Palmer J
BC PC 3 months CSO + P
R v Hodson,
2012 BCPC 468 (CanLII), per Palmer J
BC PC 18 months CSO
R v Loewen,
1992 CanLII 6003 (BCCA), (1992) 75 CCC (3d) 184, per Carrothers JA
BC CA 6 months + Pr also charged with mischief


Firearms Offences

General

See also: Weapons Offences (Sentencing)
Case Name Prv. Crt. Sentence Summary
R v Nadon,
2016 ONSC 3518 (CanLII), per Kurke J
ON SC 2 years imprisonment (pointing x2)
1 year (threats)
1 year (confinement)
3 years imprisonment (loaded firearm)
10 years imprisonment (attempt murder w firearm)
1 year (breach)
3 years imprisonment (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
ON PC 5.5 years imprisonment offender possessed one handgun with serial number removed and a "zip" gun.
R v Duhamel,
2013 ONSC 1340 (CanLII), per KL Campbell J
ON SC 7 years imprisonment 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
ON CA 3 years imprisonment drugs and guns

Section 87: Pointing a Firearm

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

Section 91: Unauthorized Possession of Firearm

Case Name Prv. Crt. Sentence Summary
R v Fontaine,
2014 MBQB 119 (CanLII), per Suche J
MB SC 12 months killed friend using unauthorized weapon
R v Greening,
2013 CanLII 5319 (NLPC), per Gorman J
NL PC 6 months (stun gun)
18 months (global)
attempting to import stun guns and brass knuckles
R v Drake,
[2012 NJ 30 (NLPC) {{{3}}}]
NL PC 30 days jail (weapon)
16 months (global)
possession of drugs for purpose of trafficking, possession of brass knuckles
R v Andall,
[2011 OJ 3523 (ONSC) {{{3}}}]
ON SC 6 months possession of a stun gun
R v Ash,
2010 BCCA 604 (CanLII), [2010] BCJ No 2750 (CA), per Saunders JA
BC CA 12 months Offender convicted of drug offences and possession of a stun gun.
R v Trecartin,
2012 NBQB 162 (CanLII), per McLellan J
NB SC 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
BC CA 21 months 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 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 imprisonment(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 Prv. Crt. Sentence Summary
R v Skinner,
2016 NSCA 54 (CanLII), per Saunders JA
NS CA 6.5 years imprisonment
R v Shomonov,
2016 ONSC 4015 (CanLII), per McCombs J
ON SC 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
AB CA 7.5 years imprisonment
R v Yalahow,
2015 ABCA 116 (CanLII), per Picard JA
AB CA 3 years imprisonment (firearm)
3.5 years (trafficking drugs)
6 years, 8 months (global)
R v Ongaro,
2014 BCPC 118 (CanLII), per Hoy J
BC PC $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
ON CA 10 years imprisonment 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
ON CA 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
AB PC 5 years imprisonment offender pointed unloaded firearm at victim and pulled trigger
R v Choken,
2012 MBPC 44 (CanLII), per MJ Smith J
MB PC 5 years imprisonment 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
BC CA 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
AB CA 25.5 months sawed-off shotgun
R v Cross,
2006 CanLII 33193 (ONCA), per curiam
ON CA 2 years less a day incarceration 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
NS CA 2 years imprisonment 9mm handgun outside a bedroom; 39 year old with a significant drug addiction; 49 prior convictions
R v Syed,
2005 CanLII 4773 (ONCA), per curiam
ON CA 2 years less a day incarceration numerous loaded weapons, 590 grams of marijuana
R v Morin,
1993 CanLII 2711 (BCCA), , BCJ No 1477, per Taylor JA
BC CA 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 Prv. Crt. Sentence Summary
R v TWW,
1996 CanLII 8706 (NSCA), 440 APR 386, per Clarke JA
NS CA 8 months, 16 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 Prv. Crt. Sentence Summary
R v Ader,
2018 ONSC 2351 (CanLII), per R Smith J
ON SC 15 years imprisonment
R v Lewers,
2012 OJ No 4554(*no CanLII links)
ON 7.5 years imprisonment The offender was convicted of kidnapping and forcible confinement for 22 hours. He had a lengthy criminal record.
R v Tse,
2010 BCSC 1273 (CanLII), , 2010 BCJ No 1769, per Davies J
BC SC 12 years imprisonment
R v Ribic,
2005 OJ No 4261(*no CanLII links)
ON 3 years + remand credit The offender kidnapped 3 UN soldiers for 25 days. He was 21 years old.
R v Li,
2002 CanLII 18077 (ONCA), per Finlayson JA
ON CA 14 years imprisonment The offender participated in kidnapping three persons who were held for 22 days.
R v Hu,
1995 CanLII 2836 (BCCA), per Hinkson JA
BC CA 14 years The offender kidnapped for ransom. He held the victim for 7 days.

Indecent Assault

Case Digests

See also: Indecent Assault (Repealed Offence)
Case Name Prv. Crt. Sentence Summary
R v O'Keefe,
2016 CanLII 85717 (NLSCTD), per Handrigan J
NL SC 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 Prv. Crt. Sentence Summary
Prior to April 2020 (R v Friesen)
Case Name Prv. Crt. Sentence Summary
R v KVE,
2013 BCCA 521 (CanLII), per Stromberg-Stein JA
BC CA 10 years imprisonment
R v RAJ,
2010 BCCA 304 (CanLII), per Bennett JA
BC CA 8 years imprisonment 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
BC CA 12 years imprisonment 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
BC CA 6 years imprisonment "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
BC CA 14 years imprisonment (global)
7 years imprisonment (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
BC CA 5 years imprisonment "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)
BC CA 20 years imprisonment
R v RPF,
1996 CanLII 5590 (NSCA), per Roscoe JA
NS CA 1 year incarceration
R v GTM,
(1995), 61 BCAC 158(*no CanLII links)
BC CA 12 years imprisonment "an accused who pleaded guilty to sexually offending against his two daughters in their mid-teens."
R v Goler,
(1985), 67 NSR (2d) 200(*no CanLII links)
NS 5 years imprisonment
R v Comtois,
1981 CanLII 3183 (QC CA), 62 CCC (2d) 567, per Montomery JA
QC CA Suspended Sentence

Indecent Act

Ranges

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

Obscenity

Case Digests

Voyeurism

Ranges

Case Name Prv. Crt. Sentence Summary
R v Russell,
2019 BCCA 51 (CanLII), per Stromberg-Stein JA
BC CA 18 months
R v DR,
2018 QCCQ 80 (CanLII), per Trudel J
QC PC Conditional Discharge
R v Dastagir,
MBPC 44 (CanLII) {{{3}}}, per Martin J
MB PC Suspended Sentence 18 months probation
R v McFarlane,
2018 MBCA 48 (CanLII), [2018] 9 WWR 444, per Mainella JA
MB CA 3 months "the accused (then age 19) surreptitiously video recorded the victim (then age 17) undressing and showering when she was in the bathroom of his family home. He kept, but did not share, the recording. He explained his conduct resulted from his interest in pornography relating to 'peeping toms' and that he was aroused when he was in 'control.'"
R v BH,
2017 ONCJ 377 (CanLII), per Gee J
ON PC 16 months CSO +
2 years probation
"A school vice-principal, admired in his community, had placed a camera in the ceiling of the male staff bathroom. Justice Gee performed a review of a number of cases, revealing a range from a suspended sentence to nine months’ imprisonment."[13]
R v D.W.1,
2016 ONCJ 772 (CanLII), per West J
ON PC
R v McDonald,
2016 QCCQ 5288 (CanLII), per Beaulieu J
QC PC Conditional Discharge
R v Cyr,
2015 QCCQ 196 (CanLII), per Daoust J
QC PC 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
BC PC Suspended Sentence
R v Muggridge,
2015 CanLII 10931 (NL PC, per Gorman J
NL PC Suspended Sentence +
12 months probation
R v Pierre,
2015 QCCQ 4512 (CanLII), per Leduc J
QC PC Conditional Discharge
R v Aguas,
2015 ONSC 5732 (CanLII), per Campbell J
ON SC 9 months +
3 years probation
The offender was convicted of voyeurism and sexual assault.
R v White,
2015 MBPC 20 (CanLII), per Stewart J
MB PC 2 years imprisonment The offender plead guilty to nine counts voyeurism and nine counts making child pornography.
R v Berry,
2015 BCCA 210 (CanLII), per Savage JA
BC CA 9 months The offender was convicted of sexual assault and two counts of voyeurism. "Mr. Berry had an unrelated record and was considered a low to moderate risk to reoffend, but the offences involved a breach of trust."
R v Bosomworth,
2014 BCPC 311 (CanLII), per Dhillon J
BC PC Suspended Sentence The offender pleaded guilty to voyeurism. He was found to be surreptitiously recording persons in the restroom of a small restaurant that he owned. He filmed 6 people. The defence sought a discharge.
R v GM,
2014 MBPC 57 (CanLII), 125 WCB (2d) 430, per Lemaistre J
MB PC The offender plead to offences of voyeurism, invitation to sexual touching, making child pornography, and harassment. {{{5}}}
R v Dekker,
2014 ABPC 61 (CanLII), per Redman J
AB PC 9 months CSO The offender pleaded guilty to voyeurism. He filmed approximately 80 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". -- "An analysis of the images depicted on the videos revealed 77 video clips and a total of 251 minutes of video."
R v Schledermann,
2014 ONSC 674 (CanLII), per Kelly J
ON SC 4 years imprisonment (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 Truong,
2013 ABCA 373 (CanLII), per curiam (2:1)
AB CA 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
MB PC 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
AB PC 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
AB PC 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
AB PC Conditional Discharge "The accused was caught videotaping a sexual encounter between his roommate and his roommate’s girlfriend. The Crown proceeded summarily. The court found that the circumstances of that particular offence were at the low end of the spectrum of voyeurism offences."
R v Keough,
2011 ABQB 312 (CanLII), per Manderscheid J
AB SC 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), {{{4}}}, per Gorin J
NWT SC 3 years imprisonment
R c GC,
2011 QCCQ 13551 (CanLII), per Lamontagne J
QC PC 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 v Gagné,
2011 QCCQ 6888 (CanLII), per Champoux J
QC PC 3 years imprisonment (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
ON PC 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 CanLII 13633 (NLPC), 308 Nfld & PEIR 59, per Hyslop ACJ
NL PC 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
ON PC 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
BC PC Suspended Sentence attended residence of two teenage girls repeatedly and watched them undress multiple times. No record, positive psych report. -- "A 32 year old accused with no prior criminal record repeatedly watched two young girls, aged 15 and 18, while they were at home, over a period of five months. On one occasion he trespassed on their property and climbed onto the roof."
R v RHC,
2010 BCPC 475 (CanLII), per Dossa J
BC PC Conditional Discharge "The accused videotaped his 13 year old granddaughter. In that case, the accused had been sexually abused as a teenager. He had undergone counseling and was determined to be a very low risk for sexual recidivism. He had no criminal record and had begun counseling to address his behaviour."
R v SM,
2010 ONCJ 347 (CanLII), per De Filippis J
ON PC Suspended Sentence + 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
BC PC 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
ON PC 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
AB PC Suspended Sentence offender secretly photographed 15 men at the urinal at his work. Images were stored on a computer with details on personal information including "names, birthdates, addresses, insurance account numbers and notes regarding the genitals of the victims on his computer". No evidence of distribution, positive psych report.

Invitation to Sexual Touching



Invitation to Sexual Touching

Case Name Prv. Crt. Sentence Summary
R v DCH,
2020 ABQB 510 (CanLII), per Labrenz J
AB SC 2.5 years (invitation)
4.5 years (global)
"the accused pleaded guilty to invitation to sexual touching, making child pornography, and accessing child pornography. He had shown his 4-year old piano student pornography and had made video of her while, at his suggestion, she undressed and then when she was naked. While she was undressed he invited her to touch his erect penis which was covered by clothing. Labrenz J. reviewed the sentencing considerations addressed in Friesen. Applying those principles to the case before him he concluded that a fit total sentence was 4.5 years."
Prior to April 2020 (R v Friesen)
Case Name Prv. Crt. Sentence Summary
R v Woolsey,
2020 SKQB 13 (CanLII), per Danyliuk J
SK SC 3.5 years
R v LL,
2019 ONSC 6345 (CanLII), per Leroy J
ON SC 7 years
R v DY,
2019 ONSC 6548 (CanLII), per Allen J
ON SC 12 months
R v RA,
2019 NWTTC 10 (CanLII) per Gorin J
NWT SC
R v Ly,
2019 ONCJ 120 (CanLII), per Rabley J
ON PC 2 years
R v PMM,
2019 BCPC 276 (CanLII)
BC PC 18 months
18 months probation
R v PMM,
2019 BCPC 276 (CanLII), per Doulis J
BC PC 120 days
R v SH,
2019 QCCQ 600 (CanLII)
QC PC 18 months
R v AE,
2019 QCCA 1864 (CanLII)
QC CA 6 years
R v CS,
2018 ONSC 226 (CanLII)
ON SC 6 years
R v CG,
2018 ONSC 1151 (CanLII)
ON SC 3 years
R v TB,
2018 ONSC 7268 (CanLII), per Turnbull J
ON SC 2 years less a day CSO
R v Caron,
2018 QCCQ 2507 (CanLII), per Pelletier J
QC PC 6 months
R v AK,
2018 QCCQ 5432 (CanLII), per Grégoire J
QC PC 12 months
R v MC,
2017 QCCQ 1586 (CanLII), per Hudon J
QC PC 52 months
R v KP,
2017 ABPC 172 (CanLII), per Yake J
AB PC
R v RB,
2017 ONCA 74 (CanLII)
ON CA 44 months
R v SS,
2017 ONSC 354 (CanLII), per Andre J
ON SC 5 years
R v DW,
2017 ONSC 255 (CanLII), per Bielby J
ON SC 4.5 years
R v Andrews,
2017 ONCJ 178 (CanLII), per Harris J
ON PC 3 years
R v AB,
2017 CanLII 13639 (NLPC)
NL PC 120 days jail
R v Farrell-Cote,
2017 ONSC 1725 (CanLII), per Leroy J
ON SC 30 months
R v S(J),
2017 ONSC 5952 (CanLII), per McWatt J
ON SC 7 years
R v Gumban,
2017 BCPC 226 (CanLII), per Werier J
BC PC 90 days
12 months probation
R v Turcotte,
2017 QCCQ 318 (CanLII), per Langelier J
QC PC 20 months
R v Merkl,
2017 MBQB 197 (CanLII), per Suche J
MB SC 14 months
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 MG,
2016 ONSC 4366 (CanLII), per Raikes J
ON SC 22 months
R v FC,
2016 ONSC 6059 (CanLII), per Campbell J
ON SC 9 months
R v DV,
2016 ONSC 5912 (CanLII), per Leroy J
ON SC 6 years
R v Godin,
2016 QCCQ 6439 (CanLII), per Langlier J
QC PC 23 months
R v DG,
2016 QCCQ 6167 (CanLII), per Beaulieu J
QC PC 3 years
R v Bergeron,
2016 QCCA 339 (CanLII)
QC CA 24 months
R v TJB,
2015 BCSC 855 (CanLII), per Bruce J
BC SC 4.5 years
R v Tomlinson,
2015 ONSC 3953 (CanLII), per Leroy J
ON SC 12 months
R v Goolcharan,
2015 ONSC 6094 (CanLII), per Donohue J
ON SC 1 year
R v PDW,
2015 BCSC 660 (CanLII), per Ehrcke J
BC SC 15 months
R v Hirstwood,
2015 ONCJ 489 (CanLII), per Konyer J
ON PC 1 month
R v MGP,
2015 SKPC 80 (CanLII), per Gordon J
SK PC
R v WJC,
2015 BCPC 327 (CanLII), per MacCarthy J
BC PC 1 year
R v G(GJ),
2015 MBCA 81 (CanLII)
MB CA
R v JP,
2015 QCCQ 2469 (CanLII), per Marleau J
QC PC 42 months
R v GM,
2015 QCCQ 12185 (CanLII), per Pare J
QC PC 3 years
R v Fortin,
2015 QCCQ 1369 (CanLII), per Simard J
QC PC 15 months
R v Boudreault,
2015 QCCA 460 (CanLII)
QC CA 24 months
R v GRK,
2014 SKQB 147 (CanLII), per Megaw J
SK SC 6 months
R v Locke,
2014 MBQB 170 (CanLII), per Perlmutter J
MB SC 3.5 years
R v RG,
2014 ONCJ 608 (CanLII), per Bourque J
ON PC 8 months
R v WHY,
2014 ONCJ 757 (CanLII), per Bovard J
ON PC 36 months
R v PR,
2014 ONSC 6781 (CanLII), per Kane J
ON SC 3.5 years
R v Anglehart,
2014 QCCQ 4791 (CanLII), per Paradis J
QC PC 18 months
R v Morasse,
2015 QCCA 74 (CanLII)
QC CA 90 days
R v RMD,
2014 BCCA 56 (CanLII)
BC CA 4 years
R v Doran,
2013 ONSC 5889 (CanLII), per Seppi J
ON SC 2 years
R v JN,
2013 ONCA 251 (CanLII)
ON CA 5 years
R v Khan,
2013 ONCJ 267 (CanLII), per Bovard J
ON PC 14 days
R v Dow,
2013 NSCA 50 (CanLII)
NS CA 5 months
R v Banish,
2013 ABPC 302 (CanLII)
AB PC 3 years
R v Louie,
2013 SKQB 328 (CanLII), per Whitmore J
SK SC 4 years
R v SLL,
2013 NBPC 6 (CanLII), per Brien J
NB PC 4 months
R v Renouf,
2012 CanLII 25628 (NLPC), per Gorman J
NL PC 14 days
R v King,
2012 ABQB 273 (CanLII), per Burrows J
AB SC 3 years
R v A.(J.),
2012 ONCJ 544 (CanLII), per De Filippis J
ON PC
R v J.W.(B.),
2012 ONSC 306 (CanLII), per Smith J
ON SC
R v MP,
2012 QCCA 1784 (CanLII)
QC CA
R v CRH,
2012 NSSC 233 (CanLII), per Rosinski J
NS SC 6 months
R v AP,
2011 ONCJ 305 (CanLII), per Harris J
ON PC 3 months
R v Woodward,
2011 ONCA 610 (CanLII)
ON CA 2 years
R v Snider,
2011 ONCJ 306 (CanLII), per Bellefontaine J
ON PC 1 year
R v LH,
2011 NLCA 4 (CanLII), per White JA
NL CA 1 year incarceration on two or three occasions offender asked victim "to rub lotion on his penis"
R v TLM,
[2010] NJ No 99 (S.C.)(*no CanLII links)
NL SC 1 year incarceration A number of incidents where the offender invited the victim to touch him
R v CGD,
2009 BCSC 404 (CanLII), per Griffin J
BC SC
R v GT,
2009 QCCQ 4210 (CanLII)
QC PC 6 months
R v Turcotte,
2009 QCCQ 4531 (CanLII), per Pelletier J
QC PC 59 months
R v SPC,
2008 ABCA 280 (CanLII)
AB CA 3 months
R v Lennax,
2008 BCSC 1761 (CanLII)
BC SC 2 years less a day
R v WD,
2008 ABPC 290 (CanLII), per Van de Veen J
AB PC 5 years
R v BV,
2008 QCCQ 13498 (CanLII), per Chapdelaine J
QC PC 2 years
R v DHD,
2004 CanLII 32109 (ONCA), per Blair JA
ON CA 1 year
R v CIR,
2004 BCPC 53 (CanLII), per Davis J
BC PC Youth
R v EJK,
2002 CanLII 54016 (NLSCTD), [2002] NJ 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 CFP,
1997 CanLII 22947 (MB CA)
MB CA 2 years less a day
R v Brown,
1991 CanLII 7520 (NL SC)
NL SC 6 months

Bestiality

Bestiality

Case Name Prv. Crt. Sentence Summary
R v LMR,
2010 ABCA 286 (CanLII), per Bielby JA
AB CA 1 year incarceration 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
SK PC 1 year incarceration 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
BC PC 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
BC SC 2 years imprisonment 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
BC PC 2 years imprisonment offender had sex with dog in public

Child Luring



April 2020 to present

Case Name Prv. Crt. Sentence Summary
R v Jissink,
2021 ABQB 102 (CanLII), per Michalyshyn J
AB SC 1 year

2000 to April 2020 (R v Friesen)

Case Name Prv. Crt. Sentence Summary
R v Reeves,
2020 ABQB 78 (CanLII), per Clackson J
AB SC 1 year
R v Lemay,
2020 ABCA 365 (CanLII), per curiam
AB CA 4 years (interference)
18 months (luring)
R v Chicoine,
2019 SKCA 104 (CanLII)
SK CA 15 years imprisonment
R v Barnes,
2020 CanLII 10535 (NLPC), per Orr J
NL PC 7 months
R v Faroughi,
2020 ONSC 780 (CanLII), per Leibovich J
ON SC 7 months
R v HO,
2020 ONCJ 69 (CanLII), per Javed J
ON PC 8 months
R v Harris,
2019 ONCA 193 (CanLII)
ON CA 18 months "the appellant was sentenced to 18 months jail. He had posted two ads on Craigslist, one entitled “Daddy’s dirty Slut.” An undercover officer, posing as a 14 year old girl, made contact with the appellant. He often steered the direction of the conversation to sexually explicit matters. The communication took place over the course of two months. A meeting was arranged and the appellant met at the designated spot carrying a peanut butter and jelly sandwich as requested by the undercover officer." [14]
R v Saad,
2019 ONCJ 527 (CanLII), per Band J
ON PC 6 months
R v McNaughton,
2019 ONCJ 917 (CanLII), per Mackay J
ON PC 15 months The offender engaged in discussions in chatrooms, over email or over text message with an undercover officer posing as a mother of two teenage girls. The defendant also engaged in sexual conversations with “Maddie” who he believed to be the 13 year old daughter of Melanie but was the undercover officer as well. He stated he wanted to perform oral sex on her and for her to perform oral sex on him. He expressed he wanted to have sex with her and that they would use condoms. The chats between the two span hundreds of pages between January 11 and January 30th, 2018."
R v RA,
2019 ONCJ 684 (CanLII), per Band J
ON PC 12 months
R v May,
2019 ONCJ 725 (CanLII), per Mackay J
ON PC 15 months
R v Leduc,
2019 QCCQ 8586 (CanLII), per Gauthier J
QC PC 12 months
R v Sutherland,
j3bwb per Charbonneau J
NWT SC 1 year
R v Fawcett,
2019 BCPC 125 (CanLII), per Frame J
BC PC 6 months CSO
R v Parks,
2019 ONCJ 478 (CanLII), per West J
ON PC 18 months "The 57-year-old accused who had no prior criminal record communicated with an undercover police officer who he believed was the mother of a young child. He encouraged the mother to make her child available to him for sexual purposes and was arrested when he attended to meet with the child to carry out the sexual contact. The conduct extended over 24 days with over 200 texts and 30 emails detailing sexual activities involving Sara’s daughter. The emails and texts involved graphic, disturbing, and very detailed descriptions of sexual acts involving an 11-year-old girl. Mr. Parks was prepared to target a vulnerable child in abhorrent, repugnant sexual activities including sexual intercourse, anal intercourse, fellatio and cunnilingus."
R v Hems,
2019 ONCJ 779 (CanLII), per Bliss J
ON PC 6 months
R v Saffari,
2019 ONCJ 861 (CanLII), per Henschel J
ON PC 5 months
R v Ly,
2019 ONCJ 120 (CanLII), per Rabley J
ON PC 5 years
R v Alcantara,
2019 MBPC 67 (CanLII), per Rolston J
MB PC 1 year
R v Rouleau,
2018 QCCQ 7413 (CanLII), per Blanchard J
QC PC 9 months
R v JB,
2018 CanLII 101022 (NLPC), per Gorman J
NL PC 4 years
R v Hathaway,
2018 BCPC 342 (CanLII), per Mrozinski J
BC PC 6 months
R v Carter,
2018 CanLII 3123 (NLPC), per Gorman J
NL PC 2 years
R v AH,
2018 ONCA 677 (CanLII)
ON CA 15 months "the appellant sent a friend of his twin daughters Facebook messages with explicit requests for sexual contact and pictures of his penis. In addition, he sent a picture of a man and a woman in a sexual position. The victim was just 15 years old. He was convicted after trial. He continued to deny he committed the offence and expressed no remorse. The Court upheld the 15-month jail sentence." [15]
R v Haniffa,
2018 ONCJ 960 (CanLII), per Kenkel J
ON PC 12 months "the accused responded to an online prostitution advertisement for “young girls”. Unaware he was speaking with an undercover officer, he negotiated a price for sexual services and drove to a hotel to have sex with a 15 year old girl. He was arrested by police at the hotel. Kenkel J. convicted Mr. Haniffa and sentenced him to 12 months jail. Included in Haniffa is a review of related post-trial “project Raphael” cases[9] where an undercover officer posed as girls, between 15 and 16 years old, working as prostitutes. The sentences ranged from 9 to 14 months jail"
R v Butler,
2017 YKSC 63 (CanLII), per Veale J
YK SC 1 year
R v Mills,
2017 NLCA 12 (CanLII)
NL CA 14 months
R v Crant,
2017 ONCJ 192 (CanLII)
ON PC 9 months CSO
R v Wheeler,
2017 CanLII 86656 (ONSC), per Hockin J
ON SC 1 year
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 Janho,
2016 ONSC 7099 (CanLII), per Hackland J
ON SC 1 year
R v Himes,
2016 ONSC 249 (CanLII), per Fregeau J
ON SC 6 months
R v Gowdy,
2016 ONCA 989 (CanLII), per Watt JA
ON CA 1 year Offender lured a virtual 15-year-old boy.
R v Pitts,
2016 NSCA 78 (CanLII), per Bourgeois JA
NS CA
R v Vergara-Olaya,
2016 MBQB 130 (CanLII), per Toews J
MB QB 1 year
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.
R v Hammermeister,
2016 ABCA 302 (CanLII)
AB CA 1 year
R v Miller,
2016 SKCA 32 (CanLII)
SK CA 3 years
R v McLean,
2015 SKPC 121 (CanLII), per Singer J
SK PC 2 years less a day
R v Reynard,
2015 BCCA 455 (CanLII)
BC CA 1 year
R v Rafiq,
2015 ONCA 768 (CanLII)
ON CA 2 years less a day
R v Callahan-Smith,
2015 YKTC 3 (CanLII), per Cozens J
YK SC 14 months
R v RB,
2014 ONCA 840 (CanLII)
ON CA 4 years
R v Murphy,
2014 ABCA 409 (CanLII)
AB CA 2 years
R v Smith,
2014 ONCJ 543 (CanLII), per Pugsley J
ON PC 4 months
3 yrs probation
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 (NLSCTD), 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.
The accused "met the victim in an internet chatroom. Both the victim and the 24 year old appellant used sexualized language. The victim, who was 13 years old, advised she was 14. Approximately 1,000 pages of their electronic exchanges were admitted into evidence. This included instances in which the appellant repeatedly encouraged the victim to expose her breast while he masturbated and exposed his genitals to her. He recorded the images and saved them to his computer. Eventually they met at a hotel and engaged in sexual acts short of intercourse before they were interrupted by police. Mr. Dragos received a global sentence of 23 months for luring, sexual interference, child pornography and indecent exposure; 18 months was apportioned for the child luring." [16]
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.
"[T]he [accused] received a global sentence of 6½ years for luring, sexual assault, touching for a sexual purpose, invitation to sexual touching, and attempting to obtain sexual services for consideration. The victim was 12 years old and the appellant was aged 30. Mr. Woodward engaged in an elaborate and sophisticated plan to have sex with the victim, and tragically his plan succeeded. He had her believe that he would pay her millions of dollars if she had sex with him. Eighteen months of his sentence was apportioned to the child luring. "
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] NJ 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 "[T]he offender was convicted by a jury of two counts of sexual interference and two counts of communicating by computer with persons under 18 for the purpose of facilitating a sexual assault. The offender also pled guilty to obstructing justice. The offender was 29. Both complainants were under the age of consent. The offender was sentenced on the basis that he had intercourse with each of the complainants when he had failed to take all reasonable steps to ascertain their ages."
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) "the offender, who was 23 years old and a first-time offender at trial, was sentenced to 12 months for luring plus an additional e18 months for making child pornography. The accused had a wide range of support, was a low risk to reoffend, was remorseful and was seeking professional help. The Court found that the combined sentence of 30 months was unfit and instead made the two sentences run concurrent to each other, varying the sentence to 18 months." 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 (ONSC), per DiTomaso J
ON SC 20 months
R v M(JA),
2007 SKPC 44 (CanLII), per Huculak J
SK PC 1 year incarceration 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 (ONSC), [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 (ONCA), 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 (ONSC), , 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, 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. SCJ)(*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 (SCJ)(*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
BC PC 2 years (making CP)
2 years (Agreeing)
4 years (global)
The "offender who pled guilty to making child pornography and luring by making an agreement with another person. His communications were with a police officer posing as the mother of a child. He had a dated but related conviction." He made written materials that graphically detailed the sexual exploitation of a 6-year-old.

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 RD,
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 CM,
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 (ONSC), 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 (ONSC), per Lack J
guilty
R v Beattie,
2005 CanLII 10273 (ONCA), per Laskin JA
acquittal overturned pornographic stories
R v JEI,
2005 BCCA 584 (CanLII), per Finch CJ
guilty considers dominant purpose
R v S(VP),
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)

April 2020 to present

Case Name Prv Crt Sentence Amount Summary
R v Massey,
2021 ABQB 146 (CanLII), per Burrows J
AB SC 3 months
R v Walker,
2021 ONSC 837 (CanLII)
ON SC

2010 to April 2020 (R v Friesen)

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 " the accused was charged with distributing and possession of child pornography. The Crown and the Defence jointly proposed a sentence of 18 months followed by three years probation for possession and a 12 month concurrent sentence for distribution of child pornography. The joint submission was rejected. The Court imposed a sentence of three years for possession and three years concurrent for distribution. The accused was 33 years old. He had mild cognitive impairment. The accused possessed 1,217 images and 32 videos. There were depictions of very young children involving vaginal and anal intercourse and penetration with foreign objects. There were images of very young children subjected to very sadistic acts and images of bondage and having weapons held against them."
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 imprisonment 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 (NLSCTD), 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 imprisonment 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 [http://canlii.ca/t/frdxj 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

{{SCaseCPR v Cohen,
2001 CanLII 3862 (ONCA), [2001] OJ No 1606 (Ont. C.A.), perCharron JA |ON|CA| 14 months CSO| | also charged with poss’n }} {{SCaseCPR v Lisk,
1998 CanLII 4737 (ONCA), [1998] OJ No 1456 (Ont. C.A.), per curiam|ON|CA
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 imprisonment The offender pleaded guilty to distribution and possession of child pornography.
R v Vasic,
2009 CanLII 23884 (ONSC), 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 incarceration The offender pleaded guilty to distribution of child pornography. {{{6}}}
R v Garcia,
2009 BCSC 407 (CanLII), per Griffin J
BC SC 2 years imprisonment 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 ONCJ 417 (CanLII), , (2007) OJ No 3581 (Ont. C.J.), 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 ABPC 314 (CanLII), 2006 AJ No 1679 (Alta. P.C.), 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 CanLII 12699 (ONCA), 2006 CarswellOnt 2396 (Ont. C.A.), 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), 181 OAC 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 Weber,
2003 CanLII 28579 (ONCA), 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 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.
111 images | The case involved the distribution of child pornography in order to obtain more child pornography. }} R v Lowes,
[1998] 5 WWR 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



April 2020 to present

Case Name Prv Crt Sentence Charges Amount Summary
R v Jenkins,
2021 PESC 6 (CanLII), per Cann J
PEI SC 18 months CSO poss'n
R v Bisson,
2020 BCSC 1778 (CanLII), per Weatherill J
BC SC 18 months CSO poss'n
R v Sheffield,
2020 BCSC 1807 (CanLII), per Gropper J
BC SC 8 months and 18 months probation
R v Nepon,
2020 MBPC 48 (CanLII), per Devine J
MB PC 12 months CSO
R v Abel,
2020 QCCS 2849 (CanLII), per Thibeault J
QC PC 2.5 years {{{7}}}
R v BJL,
2021 ABPC 62 (CanLII), per Stirling J
AB PC 9 months
2 years probation
Poss'n {{{7}}}
R v RJH,
2020 BCSC 1070 (CanLII), per Baird J
BC SC 12 months CSO
R v Neufeld,
2020 ABPC 180 (CanLII), per Yake J
AB PC 12 months (poss'n) "the accused was in possession of 4,393 images including 19 videos. He had distributed pornography online. He was sentenced to two years less a day for distributing child pornography and one year, concurrent, for possession" [17]
R v Petne,
2020 BCPC 200 (CanLII), per Gouge J
BC PC 1 year Accessing
See also: Child Pornography Sentencing, Distributing and Making Available Child Pornography (Sentencing Cases), and Making Child Pornography (Sentencing Cases)

2010 to April 2020 (R v Friesen)

Case Name Prv Crt Sentence Amount Summary
R v King,
2020 ABPC 219 (CanLII)
AB PC 18 months "the accused was convicted after trial of possession of child pornography. The accused had 1,112 unique images and 79 videos. The images were generally of pre-teen and young teen girls. Some of the images were of children engaged in sexual acts. The accused was 40 years old and did not have a criminal record and had a son who was six years old. He was found to pose a low to moderate risk for future online offending. His prognosis, with treatment, was “favourable”. Defence proposed a conditional sentence order of two years less a day. The Court imposed a sentence of incarceration of 18 months."
R v Woolf,
2019 ONCJ 376 (CanLII), per Pringle J
ON PC 90 days
R v SLG,
2019 BCPC 149 (CanLII), per Malfair J
BC PC 14 months
R v Mailloux,
2019 ABPC 114 (CanLII), per Fradsham J
AB PC "the accused pleaded guilty to one count of possession of child pornography. The accused created a Dropbox account where he uploaded 258 child pornography files and made the files publicly available. A search of his electronic devices found 6,875 unique images and 434 child pornography videos. The images depicted boys between the ages of two to 13 years old and included images of fellatio and anal intercourse. There were images of bondage and an image depicting a violent sexual assault by an adult male of a seven year old boy. Some of the pornography in the collection was described as “particularly egregious”. The accused was sentenced to 15 months jail followed by two years probation. "
R v Pereira,
2018 ABPC 72 (CanLII), per Bascom J
AB PC "the accused pleaded guilty to one count of possession of child pornography. The accused had 461 unique child pornography images and 818 videos. He had no prior criminal record and was at a low risk to re-offend. The videos included children between five to 10 years of age involved in various sex acts with other children and with adult males and adult females. The Court imposed a sentence of nine months jail and three years probation."
R v AR,
2018 ONCJ 613 (CanLII), per Latimer J
ON PC 7 months (making)
3 months (poss'n)
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 incarceration "the accused was found to have amassed “one of the largest and worst collections of child pornography that the Ottawa Police Service had ever uncovered”. He was convicted, after trial, of possession of child pornography and making available child pornography. The accused had 28,052 unique images and 1,144 unique videos of child pornography. At that point, the Crown halted their investigation, while there was still 1.2 million other images and 40,000 other videos left to review and categorize. The accused pled guilty at the first reasonable opportunity. The trial judge found the accused had shown real remorse and insight and had accepted responsibility for what he had done. The accused was sentenced to three years imprisonment on the charge of possession and three and a half years concurrent for distribution. "
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 imprisonment 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 jail 17 videos
R v TW,
2016 ONCJ 409 (CanLII), per M Green J
ON PC 40 days jail 13 images The offender plead guilty to attempted possession of child pornography for attempting to download the files through 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 ONSC 5610 (CanLII), [2016] O.J. No 5582 (SCJ), per Corrick J
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;" [18]
R v Lysenchuk,
2016 ONSC 1009 (CanLII), [2016] O.J. No 836 (S.C.J), per Shaw J
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 incarceration (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 Lang,
2015 ABPC 25 (CanLII), per Fradsham J
AB PC 1 year (poss'n)
3 years (distr)
"the accused pleaded guilty to possession and to distributing child pornography. The accused had 3,712 images as well as 6,478 videos. The accused had a computer program that was being used to share the pornography collection with others. The majority of the images showed boys between the ages of 10 and 14 posing naked. Some of the images showed boys between the ages of 10 and 14 engaged in anal and oral intercourse with adult men. There were a few images of bestiality. The accused had a prior criminal record for possession of child pornography which the Court identified as an aggravating factor. The Court imposed a sentence of one year for possession and three years for distribution to be served consecutively. "
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 (CanLII), 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 incarceration The offender pleaded guilty to possession of child pornography. Two years probation was ordered. {{{6}}}
R v Snow,
2014 BCPC 27 (CanLII), per Bagnall J
BC PC 4 years imprisonment 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 (NLSCTD), 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), {{{4}}}, 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 incarceration The offender was found guilty of possession of child pornography. {{{6}}}
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 "the accused was convicted of accessing child pornography and possessing child pornography. The accused possessed a collection of three videos and 182 images. Some of the images showed children performing fellatio while in obvious distress and one of the videos involved an object being inserted into a girl’s vagina. The Court found that there were no mitigating circumstances. The Court imposed a sentence of 16 months incarceration for accessing child pornography and one year concurrent for possession."
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 (NLPC), 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 incarceration The offender pleaded guilty to importing child pornography and sexual interference (x 14). {{{6}}}
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.
CanLIIR-S Yau 2fs0d 2011 ONSC 1009 (CanLII) {{{5}}} {{{6}}}
R v Dumais,
2011 ONSC 276 (CanLII), [2011] OJ No 116, 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 imprisonment 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 imprisonment 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 and 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. The 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

{{SCaseCPR v Kwok,
2007 CanLII 2942 (ONSC), [2007] OJ No 457 (Ont. SCJ), perMolloy J |ON|SC| 1 year incarceration | 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}}
Case Name Prv Crt Sentence Amount Summary
R v JJH,
2009 CanLII 68164 (NLPC), per Hyslop J
NL PC 3 years imprisonment The offender pleaded guilty to possession of child pornography and sexual assault.
R v Vasic,
2009 CanLII 23884 (ONSC), 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 imprisonment
R v Fagan, 2009 CanLII 32261 (ONSC), per Jenkins J ON SC 1 year incarceration The offender was found guilty of assault and possession of child pornography. {{{6}}}
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 incarceration 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. {{{6}}}
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 CanLII 59107 (ONSC), [2008] OJ No 4558 (ONSC), 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 imprisonment 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 incarceration 2,000 pics 100 vids

Unrelated criminal record || {{{6}}}

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 incarceration 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 {{{6}}}
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), {{{4}}} and 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 SG, 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 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 (ONSC), 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 incarceration 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
Template:CanLIIROP-S, 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 (ONSC), 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 CanLII 12699 (ON CA), 2006 CarswellOnt 2396 (Ont. C.A.), 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 ÉC, 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 ONCJ 3 (CanLII), 2006 OJ No 29, 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 (ONSC), 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 CanLII 22451 (ON CA), 2005 OJ No 2665 (Ont.C.A.), 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 ABPC 23 (CanLII), 2005 CarswellAlta 120, 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.
CanLIIR-S Paton 1jrs2 2005 NUCJ 7 (CanLII) {{{5}}} {{{6}}}
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

{{SCaseCPR v Geller,
2003 CanLII 31190 (ONSC), [2003] OJ No 357 (Ont. S.C), perKerr J| ON|SC| discharge | | The offender pleaded guilty to possession of child pornography and mischief to data. }} {{SCaseCPR v Cohen,
2001 CanLII 3862 (ON CA), [2001] OJ No 1606 (Ont. C.A.), 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.}} {{SCaseCPR v Stroempl,
1995 CanLII 2283 (ON CA), [1995] OJ No 2722 (Ont. C.A.), perMorden ACJ|ON|CA| Poss'n (10 months) |300 pics | age 67 years; no record; sentence of 18 months overturned}}
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(JH),
2004 BCPC 295(*no CanLII links)
BC PC 1 year incarceration The offender pleaded guilty to possession of child pornography and sexual assault (x 2).He was 63 years-old and was in poor health. {{{6}}}
CanLIIR-S JJB 1g7f5 2004 BCPC 7 (CanLII) {{{5}}} {{{6}}}
Template:CanLIIRO-S, 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), 181 OAC 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 WC,
[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 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 CanLII 41613 (ON CA), 2002 CarswellOnt 511, per curiam
ON CA 18 months CSO  
R v Clinch,
2002 CanLII 8935 (MB PC), 2002 CarswellMan 366, 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 ABPC 196 (CanLII), (2001) AJ No 1345, 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 Pecchiarich,
[2001] OJ No 3940, (SCJ)(*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.
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 Prv. Crt. Sentence Summary
R v X,
2016 CanLII 81303 (NLPC), per Gorman J
NL PC 18 months probation Summary of case is pending.
R v BMS,
2016 NSCA 35 (CanLII), per curiam
NS CA 18 months probation Summary of case is pending.
R v NG,
2015 MBCA 81 (CanLII), per Cameron JA
MB CA 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
BC PC 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)

April 2020 to present

Case Name Prv Crt Sentence Charges Amount Summary
R v RH,
2021 ONCA 236 (CanLII), per curiam
ON CA 6 years interference
making CP
accessing CP
R v AAJT,
2021 MBQB 3 (CanLII), per Rempel J
MB SC 22 years (global)[1] sexual interference (2 counts)
making child pornography (5 counts)
distributing child pornography (6 counts)
possessing child pornography (7 counts); and
failure to comply (2 counts).
R v MB,
2020 ONSC 7605 (CanLII), per McArthur J
ON SC 2 years (making)
3 years (avail)
2 years (poss'n)
  1. after totality

2010 to April 2020 (R v Friesen)

Case Name Sentence Amount Summary
R v JS,
2018 ONCA 675 (CanLII), per Strathy CJ
10 years imprisonment (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 imprisonment
R v DM,
2018 ONCJ 423 (CanLII), per Caldwell J
6 years imprisonment
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 (NLSCTD), 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 (NLSCTD), 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 imprisonment 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 (ONSC), 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 incarceration The offender pleaded guilty to making (x 2) and possession (x 3) of child pornography.
R v LM,
2008 SCC 31 (CanLII), per LeBel J
5 years imprisonment 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 imprisonment 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 imprisonment 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 imprisonment 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 imprisonment also charged with luring and extortion
R v Clemens,
[2006] OJ No 3830 (SCJ)(*no CanLII links)
2 years less a day incarceration 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 incarceration The offender pleaded guilty to possession and making child pornography. {{{4}}}
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 (ONSC)
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 year incarceration The offender pleaded guilty to possession, distribution and making child pornography. Probation for 3 years was ordered. {{{4}}}
R v Hewlett,
2002 ABCA 179 (CanLII), per Fraser CJ

3.5 years imprisonment

The offender was found guilty of possession and making child pornography. {{{3}}} {{{4}}}
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 DSM,
2001 BCSC 1295 (CanLII), per Hunter J
5 months Appeal from a 2 month suspended sentence and 6 months of probation. Offender was 40 years old. He filmed his 15-year-old daughter-in-law coming out of the shower and getting dressed. The video was 1 minute 30 seconds.
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 (BCCA), 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 Prv. Crt. Sentence Summary
R v Fortin,
2020 QCCQ 311 (CanLII), per Tremblay J
QC PC Conditional Discharge
R v AB,
2020 QCCQ 260 (CanLII), per Galiatsatos J
QC PC 4 months (global)
2 months (images)
1 months (breach)
1 months (breach)


R v BS,
2019 MBPC 26 (CanLII), per Thompson J
MB PC 81 days jail The offender pleaded guilty harassment and distribution.

"-The victim, a much younger woman, was dating the accused. They had various arguments. -After their break-up, the accused called and texted her over 80 times in a two-day period. Matters then escalated, with the accused using email and social media to contact her. -In that period, the accused sent intimate photos of the victim to her father. They included a nude image of the victim and two images of her performing sexual acts, including oral sex on the accused. -The victim’s summer was filled with anxiety and stress. Her relationship with her father was strained as a result of the accused’s breach of trust. It negatively affected her self-esteem and her ability to trust others, particularly in a dating relationship. -34 years old. -spent 57 days in addiction and mental health treatment. -diagnosed with ADHD and a major depressive disorder. -low risk for spousal assault reoffending. Low risk for future violence. -the accused’s cocaine and alcohol addictions were a contributing factor to his offence." [19] He got 39 days credit for remand.

R v Carrillo-Villagran,
2019 QCCQ 1732 (CanLII), per Durand J
QC PC Conditional Discharge
2 years probation
The offender pleaded guilty to distribution.

"-The accused and the victim worked for the same company. -The accused emailed intimate photos of the victim to 7 of their co-workers. The email purported to be signed by the victim herself and offered sexual services. -The real identity of the sender was unknown until the accused confessed and apologized to the victim. He was then fired from his job. -When he sent the photos, the accused was heavily intoxicated. He barely remembered having done it. -The victim was devastated. She had to change jobs. She felt confusion, insecurity, frustration and anger. The incident also led her to alcohol and substance abuse. -“young man” [age not specified] -no prior convictions. -sincere remorse and guilt for his behaviour. -since the offence, the accused attended Alcoholics Anonymous meetings. -recently began counselling. -registered to complete his high school education. -his sister’s fiancé lived in the United States. He intended to travel there to visit them." [20]

R v MTB,
2019 BCPC 77 (CanLII), per Young J
BC PC 5 months (image)
3 months (intimidation)
18 months probation

The offender was convicted at trial of harassment and distribution. "-During their 5-month relationship, the accused took a video of the victim performing oral sex on him. Her face was clearly visible in the video. -When the victim entered into another relationship, the accused posted the video on Facebook without the victim’s consent. -The accused also sent her a number of harassing and sexually inappropriate text messages which caused her to be fearful. -The impact on the victim was life-altering. Her friends and family witnessed the explicit video. She had to change jobs and continued to feel unsafe and guarded. -36 years old. -no prior convictions; one discharge for fraud dating back to when he was 18 years old. -father of a young son that he sees every three weeks pursuant to a Family Court order. -supportive family. -high school graduate with a positive work history. -diagnosed with anxiety disorder. -attended counselling for anger management and anxiety. -the accused did not accept responsibility for these offences. He continued to blame the victim." [21]

R v Lapointe,
2019 QCCQ 4523 (CanLII), per Champoux J
QC PC 90 days jail (images)
30 days jail (threat)
2 years probation
The offender pleaded guilty to harassment, breach of undertaking and distribution.

"-After the end of their tumultuous relationship, the accused sent the victim a text message threatening that he would publish a video of her performing oral sex on him. The video in question had been recorded with the victim’s consent, but in an intimate setting without any permission to share it with anyone. -The victim called the police, which in turn warned the accused not to publish the video. -Despite their warning, on the following day, the accused uploaded the video on the internet and informed the victim that she would “now see the power of the internet”. -The victim’s face was visible and recognizable. -The video was generally accessible to all on the internet. -The offence was motivated by vengeance. -The couple reconciled briefly in the following months, but broke up again. Then followed a period of constant messages by the accused, who did not accept that the relationship had ended. -no prior convictions. -supportive family. -educated, employed. -immature. -P.S.R. indicated that the risk of reoffending could not be eliminated. -expression of remorse did not appear to be sincere." [22]

R v JS,
2019 ABPC 134 (CanLII), per Keelaghan J
AB PC Suspended Sentence
2 years probation
The offender pleaded guilty to distribution.

"-After having separated from his wife, the accused posted a nude photograph of her on a men’s chat group at his church. The photo depicted her sitting naked on the bed in a provocative position. It included the caption: “my wife is a liar and a cheater”. -The pastor took steps to have the photo removed. -40 years old. -prior convictions for mischief and failure to appear in court. -sincere remorse. -supportive family. -history of steady employment. -financially and emotionally supported his daughter." [23]

R v NN,
2019 ONCJ 512 (CanLII), per West J
ON PC 30 days jail, 2 years probation

The offender pleaded guilty to distribution. "-The accused and the victim were in a relationship for over one year. In the course of the relationship, the victim voluntarily sent intimate photos and videos of herself to the accused without ever consenting that they be shared with anyone else. The photos showed her breasts and buttocks. -The victim’s face was covered in the photos. Nevertheless, it was still possible to recognize her. -One year after the relationship ended (and while the accused still owed the victim 3 000$), the accused posted the photos and videos to Snapchat and Instagram. He then took the files down, only to re-post them one month later. -The victim felt betrayed and cried for several months. She was recognized by multiple people and had been contacted accordingly. The offences disrupted her education, her social relationships. She was embarrassed, suffered anxiety, changed her work schedule in order to avoid fallout. -21 years old. -no prior convictions. -college student in business administration. -strong family support. -sincere remorse." [24]

R v JR,
2018 ONCJ 851 (CanLII), per Stribopoulos J
ON PC 60 days jail (distrib)
8 months (global)
The offender pleaded guilty to harassment, threats, and distribution.

"-After 8 years of marriage, the accused and his wife separated. He accused her of infidelity. In the months following the separation, the accused repeatedly communicated with her by phone, email and text message. She made it clear to him that the communications were unwanted. -The content of the communications was threatening. The accused posted prejudicial comments on the victim’s employer’s Google page and even created a Twitter account using a pseudonym that he used to continue his messages. -The accused became obsessed with her. The police eventually determined that he was electronically monitoring her movements and was filming/recording her. -The accused created a page in the victim’s name on a prostitution website, offering sexual services. He listed her actual name and cell phone number. He also posted photos showing her engaged in explicit sexual activity. The photos had been taken with the victim’s consent during the relationship, but she had obviously not given her consent for the accused to share them or post them online. -42 years old. -no criminal record. -family support. -university graduate with a good employment history. Valued by his employer. -father of 2 young boys. Shared custody with the victim, their mother. -abused drugs during the commission of the offences. Was suicidal at one point. -since his arrest, attended detox and Narcotics Anonymous meetings. Sought counselling. -completed “exceptional” volunteer work over a five-month period. -sincere remorse." [25]

R v Greene,
2018 CanLII 25580 (NLPC), per Gorman J
NL PC 8 months "The accused was a 25-year-old who had a minor, unrelated criminal record. He had been in a two-year relationship and shared a child with the victim at the time she broke up with him. He threated to kill her twice and sent her friend intimate video of the victim engaging in sexual intercourse with another man. He also pled guilty to two counts of uttering threats to kill the complainant, assault peace officer and breach of recognizance by drinking. The Crown proceeded summarily. On all charges, he was sentenced to a total of eight months jail and three years of supervised probation, including a five month jail sentence on the count of distributing an intimate image." [26]
R v McFarlane,
2018 MBCA 48 (CanLII), per Mainella JA
MB CA 18 months (global)
6 months (images)
12 months (extortion)
6 months (voyeurism)
"The accused was 26-years-old with no criminal record. He pled guilty to voyeurism, extortion and distribution of an intimate image without consent and extortion. He surreptitiously videotaped a 17-year-old undressing and showering. He sent images to the victim and her sister when he attempted to extort sexually explicit material or activity from the victim by threating to disseminate intimate images of her. He did not otherwise publish the images. The accused was assessed as a very low risk for any future offending, but the Pre-Sentence Report was more negative and assessed him as a moderate-high risk based on a STATIC-99R profile for sexual offences. He was sentenced to twelve months imprisonment for extortion, six months concurrent for distribution of an intimate image and six months consecutive for voyeurism, for a total sentence of eighteen months. The Manitoba Court of Appeal upheld the combined sentence but re-allocated three months for voyeurism, fifteen months consecutive for extortion and six months concurrent for distribution of an intimate image."[27]
R v Haines-Matthews,
2018 ABPC 264 (CanLII), per Fradsham J
AB PC 5 months + 12 months probation "-The 17-year-old victim met the accused through Facebook. They rented a hotel room and had sexual intercourse. The accused used his iPhone to record the sexual acts. The victim consented to the accused taking nude photographs of her as long as he did not distribute them.

-The accused later sent the photos to his ex-girlfriend to make her angry. He then posted the video and 5 nude photos on Facebook and Instagram, using a fake account in the victim’s name. The account had 51 followers. -18 years old at the time of the offence. -youth criminal record including property offences, breaching conditions, assault causing bodily harm and uttering threats. -one conviction as an adult for breaching recognizance. -genuine remorse." [28]

R v JB,
2018 ONSC 4726 (CanLII), per Leach J
ON SC 16 months CSO
3 years probation
"The accused and the victim were in an “on-and-off” relationship for 6 months. During the relationship, various nude photos of the victim were taken by the accused, with her consent. Shortly after their break-up, the accused published 5 intimate images of the victim on the internet. Purporting to be the victim, he created a Facebook profile in her name, using her photo. He then sent “friend requests” to her actual friends, which were accepted, thereby exposing her intimate images, in addition to photographs of her 9-year-old son. The offence was deliberate and calculated. By the time the offence was reported to the police, the photos had already been viewed by the victim’s employer, co-worker, family members and friends. A total of 96 people saw her photos. The consequences on the victim’s life were serious, profound and ongoing. She struggled with severe depression and insecurity. She lost trust in others. [the accused was] 27 years old at the time of the offence. [He wasa] high school drop-out. [He had a h]istory of employment in various fields. [There was an] extensive criminal record, including 2 convictions for criminal harassment, weapons offences, drug offences. [Included were] several prior convictions for failure to comply with conditions. [T]he accused was subject to stringent and restrictive bail conditions leading up to his sentencing" [29]
R v JS,
2018 ONCJ 82 (CanLII), per Ghosh J
ON PC 18 months, 3 years probation "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. [30]
R v TD,
2018 ABPC 232 (CanLII), per Pharo J
AB PC 3 months
1 years probation
The offender pleaded guilty to distribution.

"-After the victim broke off a three-year relationship with the accused, he became angry and posted intimate pictures of her on a public website. He also posted her full name. -In the pictures, the victim was only wearing her underwear. -The images were viewed by at least 7 000 people. The victim began receiving unsolicited messages on her Facebook account from strangers. -The offence was planned. -The victim was traumatized. It caused “the biggest struggle of her life”. She suffered from severe anxiety and depression, requiring counselling and medical help. She felt constant humiliation. Unable to trust anyone. Lost relationships with friends who saw the photos. -25 years old. -no prior convictions. -good record of employment in the restaurant business. -irrationally insecure, prone to depression. -sincere remorse. -favourable P.S.R." [31]

R v Calpito,
2017 ONCJ 129 (CanLII), per Harris J
ON PC Conditional Discharge
3 years probation
The offender plead guilty to distribution and breach of conditions.

"-The accused and the victim were in a relationship for 3 years. -During the relationship, the victim sent the accused nude photos of herself and consented to him taking photos and videos of her naked. -None of the photos depicted any sexual acts. -The victim was alerted by friends and by her employer that they had received nude pictures of her through Instagram. She immediately recognized the photos as being those she had provided to the accused. -The accused acted for revenge purposes. He tried to extort the victim into speaking to him. -The impact on the victim was traumatic. She was deeply embarrassed and distrustful of people. She was horrified and disgusted at the thought that her employer and the members of her gym had all seen the photos. She added stress caused her to fail two university courses. -21 years old. -no prior convictions. -sincere remorse. -strong family support. -university student working two part-time jobs. -took full responsibility for his actions." [32]

R v AC,
2017 ONCJ 317 (CanLII), per Leach J
ON PC 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."[33] [34]
R v Agoston,
2017 ONSC 3425 (CanLII), per Cornell J
ON SC Conditional Discharge, 12 months "The accused plead guilty to one count of distributing an intimate image. A one-year conditional discharge was imposed. The daughter of a family friend sent him two images of herself that he shared with two co-workers before deleting them. He did not solicit the images from the complainant. There was no internet distribution. His pre-sentence report was very positive. The offence appeared to be an unplanned, momentary lapse in judgment. The Court determined that the distribution was extremely limited and fell on the less serious end of the spectrum of this offence." [35]
R v MR,
2017 ONCJ 943 (CanLII), per Felix J
ON PC 5 months (distrib)
4 months (harass)
30 months probation

"-The accused and the victim were engaged. After the engagement was called off, the accused criminally harassed her using electronic communications. Many of the messages were nonsensical ramblings or observations, while others were disturbing threats or messages documenting how he was watching her. -The accused also distributed intimate photos of the victim to a wide variety of family and friends, both in Canada and overseas. -The photo distribution was premeditated and he took steps to avoid detection. He used an anonymising email service to distribute the photos on two separate occasions, more than one month apart. -The photos had been taken with the consent of the victim during their engagement. -The accused was motivated by a will to humiliate and harm the victim. -The crimes immeasurably impacted the victim’s life. -no prior convictions. -educated and articulate. -the son of immigrants who escaped civil war by coming to Canada. -close, loving and supportive family." [36]

R v Ly,
, [2016] O.J. No 7196 (Ont.C.J.)(*no CanLII links)
ON PC 12 months
2 years probation
The offender plead guilty to three counts of distribution. He had brief relationships with each of the three victims. He made videos of intimate activities involving the victims. Those videos were posted on a porn website after attempting to extort the victims. There was a devastating impact on the victims. He was 32 years old with no prior convictions. He was from an immigrant family who support him. He had a consistent history of employment and would lose his job with a conviction. He was diagnosed with an anxiety disorder and depression arising from the charges.
R v PSD,
2016 BCPC 400 (CanLII), per Sudeyko J
BC PC Suspended Sentence, 2 years probation "The accused was 22-years-old. At the end of a two-day trial on more serious charges, he pled guilty to distributing an intimate image and once count of breaching his recognizance. The image was taken without the consent of the victim. The recognizance breach was a no-contact breach where the complaint either had agreed to contact or had initiated it. The Court emphasized the rashness of the taking of the images, which were quite blurry, making it difficult to identify the complainant. There was not widespread distribution; the accused sent them to two friends. .. After factoring that the accused had spent sixty days in custody and determining that a relatively low level of harm had occurred and the prospects for this youthful first offender were positive, the Court imposed a probationary sentence of two years, with protective relief." [37]

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 imprisonment 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 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 Assault of Person Under 16

Sexual Assault, Intercourse

Full Intercourse

See also: Sexual Assault, Touching or Attempts (Sentencing Cases)
Case Name Prv. Crt. Sentence Summary
R v Fisher,
2020 NSSC 325 (CanLII)
NS SC 27 months "A 29-year-old church pastor, abusing his position, engaged in sexual activity with a 17-year-old church member, over 5 months, until she turned 18. The church was the centre of her life. The offences included kissing, touching, digital penetration, oral sex and sexual intercourse. The pastor was sentenced following conviction. The Court imposed a 27-month sentence, and would have imposed a three-year sentence, but for the mitigating features. They included: the lack of a criminal record; that he was a contributing member of society who volunteered extensively; he had significant support from family and friends; he led a largely prosocial life; he had undergone counselling and indicated a willingness to attend further counselling; he had furthered his education since being terminated from his position at the church; he had worked hard since leaving Jamaica to attain considerable educational success; and, he had no substance issues and substance was not a factor in the offence. There was also a Cultural Impact Assessment prepared which noted the impacts of race and culture on the offender, including: historical and contemporary systemic racism; poverty as it relates to cultural expectations and social/emotional development; impacts of cultural codes on mental wellness; the over-representation of African Canadians in prison; and, services and resources that should be made available to the offender to support rehabilitation and reintegration. There were many more incidents in that case than in the case at hand. However, the level of breach of trust was significantly less and the offender's efforts towards rehabilitation were considerably greater, than in the case at hand. In addition, Mr. R. has not experienced the same impacts of race and culture. Therefore, comparing the circumstances in their totality, would support imposing a higher sentence on Mr. R." [38]
Prior to April 2020 (R v Friesen)

|}

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 imprisonment 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 imprisonment 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 imprisonment 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 imprisonment intercourse with teenage niece, threatened if she called police
R v NKP,
2011 ABCA 361 (CanLII), per Slatter JA
AB CA 9 years imprisonment assaulted 7 family members; recorded some on video
R v Murphy,
2011 NLCA 16 (CanLII), per Welsh JA
NL CA 3.5 years imprisonment 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 imprisonment numerous incidents of intercourse with a minor
R v Dorah,
2011 ONSC 6503 (CanLII), per MacDonnell J
ON SC 2 years less a day incarceration forced intercourse in a dating couple
R v Berens,
2011 MBQB 255 (CanLII), per Schulman J
MB SC 2 years less a day incarceration intercourse while asleep; no remorse; gladue factors
R v AN,
2010 ONCJ 288 (CanLII), per Diguseppe J
ON PC 2 years less a day incarceration parties knew each other; moderate use of force; accused intoxicated
R v RRW,
2010 NLTD 135 (CanLII), per Goodridge J
NL SC 4 years imprisonment 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 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 imprisonment intercourse with sleeping woman
R v DBR,
2008 ONCJ 412 (CanLII), per McGrath J
ON PC 10 years imprisonment (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 imprisonment 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 imprisonment 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 imprisonment 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 NSSC 168 (CanLII), [2003] NSJ No 509, per A Boudreau J
NS SC 10 years imprisonment 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] NJ No 336 (CA)(*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 imprisonment 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),
, 192 Nfld. & PEIR 179(*no CanLII links)
NL SC 2.5 years imprisonment 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 CanLII 7588 (NS SC), , 133 NSR (2d) 299 (NSSC), per Bateman J
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;" [39]
R v Richard,
1994 CanLII 3969 (NSCA), per Roscoe JA
NS CA 7 years imprisonment 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 imprisonment drive victim to secluded spot and accosted her

See also

Sexual Assault, Touching or Attempts

Touching or Attempts

See also: Sexual Assault, Intercourse (Sentencing Cases)
Case Name Prv. Crt. Sentence Summary
R v BJR,
2021 NSSC 26 (CanLII), per Muise J
NS SC 3 years "Mr. R. sexually assaulted his 16-year old daughter, on one occasion, including by removing her shorts and performing cunnilingus. He pled guilty. He had no prior record. He expressed remorse; but took few steps towards rehabilitation." [40]
R v Fisher,
2020 NSSC 325 (CanLII)
NS SC
R v Al-Rawi,
2020 NSSC 386 (CanLII), per Moir J
NS SC 2 years
Prior to April 2020 (R v Friesen)
Case Name Prv. Crt. Sentence Summary
R v JP,
2017 NSPC 54 (CanLII), per Chisholm J
NS PC 8 months CSO The judge also ordered lifetime SOIRA, DNA Order and firearms prohibition.
R v O’Brien,
2017 SKQB 88 (CanLII), per Dawson J
SK SC 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
ON SC 2 years less a day incarceration 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
BC PC 6 months CSO
R v Halkett,
2016 SKPC 65 (CanLII), per Robinson J
SK PC 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.
R v Nippi,
2015 SKQB 90 (CanLII), per Turcotte J
SK SC 2 years less a day incarceration 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.
R v Sayers,
2015 ABCA 21 (CanLII), per curiam (2:1)
AB CA 4 years imprisonment (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 (NLSCTD), per Halley J
NL SC 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
BC PC 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
AB PC 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
ON PC 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
ON SC 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
QC SC fine + probation
R v Wilson,
2012 NBQB 326 (CanLII), per McLellan J
NB SC 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
ON SC absolute discharge
R v H(J),
2012 ONCJ 753 (CanLII), per M Green J
ON PC Conditional Discharge
R v Boden,
2012 BCPC 331 (CanLII), per Giardini J
BC PC 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
BC PC 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
SK PC 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
NS SC Absolute Discharge
R v Tuffs,
2012 SKCA 6 (CanLII), per Lane JA
SK CA 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
BC PC 5 years imprisonment digital penetration; oral sex; attempted intercourse; violence used
R v Trotman,
2011 ONCJ 604 (CanLII), per Lipson J
ON PC 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
NB SC 9 months touching female while she was asleep
R v DT,
2011 ONCJ 545 (CanLII), per Dean J
ON PC 18 months digital penetration; touching; victim was disabled by C.P.
R v McDonald,
2011 ABCA 307 (CanLII), per Bielby JA (2:1)
AB CA 32 months attempted sexual assault; unlawful entry
R v Paulin,
2011 ONSC 5027 (CanLII), per Spies J
ON SC 2 years less a day CSO attempted oral and anal intercourse
R v JW,
2010 NSPC 40 (CanLII), per Tax J
NS PC Conditional Discharge
R v Abdullahi,
2010 YKTC 76 (CanLII), per Cozens J
YK SC 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 BC PC Suspended Sentence 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
AB PC Suspended Sentence 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
SK CA 9 months CSO 18 year old accused; fondled breasts of victim; no record
R v Goulet,
2008 MBPC 6 (CanLII), per Devine J
MB PC 3 years imprisonment 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
ON CA 3.5 years imprisonment vulnerable victim; assault over 18 months
R v Dahouky,
2008 CanLII 19498 (ON SC), per McDermid J
ON SC 9 months jail & probation failed attempt to penetrate victim while asleep
R v Calnen,
2008 NSCA 6 (CanLII), per Bateman JA
NS CA 4 months CSO sexual touching of bottocks; accused impaired by alcohol at time
R v ADC,
2008 SKCA 108 (CanLII), per Richards JA
SK CA 30 months fondling of sleeping victim while in drunk tank
R v Jennings-Grimwood,
ONCJ 481 {{{3}}}
ON PC 6 months jail & probation undress sleeping victim; ejaculated on her leg; no sexual intercourse
R v Roberge,
2007 ONCA 435 (CanLII), per curiam
ON CA 3 years imprisonment disabled victim passed out; appeal of conditional sentence
R v Rusk,
2007 ABCA 189 (CanLII), per Hunt JA
AB CA 4 years imprisonment fondling and attempted sexual assault of a spastic quadriplegic.
R v M(D),
2007 ONCA 690 (CanLII), per curiam
ON CA 1 year incarceration child under age of 10; sexual touching; no record {{{5}}}
R v Cook,
2007 ABPC 86 (CanLII), per Allen J
AB PC 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
NL PC 9 months confined, fondled and undressed victim
R v Wark,
2006 ONCJ 197 (CanLII), [2006] OJ No 2202 (C.J.), per Brophy J
ON PC 6 months age 25; no record; digital penetration
R v Iron,
2005 SKCA 84 (CanLII), per Sherstobitoff JA
SK CA 20 months 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
AB SC Conditional Discharge
R v PSB,
2004 NSCA 25 (CanLII), per Cromwell JA
NS CA 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
NS SC 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
NS CA 8 years imprisonment (global) See Making Child Pornography (Sentencing Cases) for summary
R v MJH,
2004 SKCA 171 (CanLII), per Sherstobitoff JA
SK CA 2.5 years imprisonment victim passed out; offender found humping unconscious victim; removed victim's clothes
R v Stoney,
2004 ABPC 3 (CanLII), per Allen J
AB PC 10 years imprisonment Summary of case is pending.
R v Ingrey,
2003 SKQB 300 (CanLII), per Rothery J
SK SC Conditional Discharge, 12 months probation
R v Noiles,
2002 NSSC 112 (CanLII), per Wright J
NS SC 8 years imprisonment 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
AB CA 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
SK CA 2.5 years imprisonment The 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
PEI CA 12 months The offender was a doctor who touched several patients in a sexual manner.
R v Richardson,
1992 CanLII 12753 (ON CA), 74 CCC 15 (Ont CA), per Carthy JA
ON CA 2 years imprisonment infatuated with victim, broke into apartment, offender was intoxicated former lover
R v Cameron,
, (1991) 75 Man. R. 290 (CA)(*no CanLII links)
MB CA 3 years imprisonment picked up victim in car and drove to isolated area
R v DAW,
1991 CanLII 4533 (NSCA), per Matthews JA
NS CA 8 months victim woke up to accused performing oral sex on her.
R v Atkins,
1988 CanLII 201 (NLCA), per Goodridge CJ
NL CA 2 years imprisonment 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 Percy,
2021 NSSC 110 (CanLII), per Arnold J(complete citation pending)
NS SC 5 years imprisonment
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 RLW,
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 imprisonment

Aggravated Sexual Assault

Case Name Prv. Crt. Sentence Summary
R v Desjarlais,
2017 SKQB 227 (CanLII), per Barrington-Foote J
SK SC 9 years imprisonment
R v Hudson,
2017 MBPC 20 (CanLII), per Killeen J
MB PC 25 years imprisonment
R v JCM,
2013 NSSC 126 (CanLII), per Bourgeois J
NS SC 12 years imprisonment 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 imprisonment joint rec.; HIV positive accused; not contracted by victims
R v Lemay,
2007 BCCA 501 (CanLII), per Newbury JA
BC CA 7 years imprisonment 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 imprisonment
R v McAuley,
NSSC 87 (CanLII), [2005] NSJ 153, per Cacchione J
NS 7 years imprisonment 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 Prv. Crt. Sentence Summary
R v Fisher,
2018 BCPC 210 (CanLII), per Hamilton J
BC PC 20 months Summary of case is pending.
R v Pontbriand,
2014 QCCQ 443 (CanLII), per Beaulieu J
QC PC 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
AB PC 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
ON CA 1 year incarceration 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
OM CA 1 year incarceration 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
BC PC 21 days jail Summary of case is pending.
R v Hood,
2011 ABCA 169 (CanLII), per Martin JA
AB CA 3.5 years imprisonment Summary of case is pending.
R v CG,
2011 QCCQ 13551 (CanLII), per Lamontagne J
QC PC 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
ON SC 3 years imprisonment Summary of case is pending.
R v Gilbert,
2011 NBPC 10 (CanLII), per Brien J
NB PC 7 years imprisonment Summary of case is pending.
R v G(WR),
2011 BCPC 330 (CanLII), per Ellan J
BC PC 1 year incarceration Summary of case is pending.
R v M(CB),
2010 BCPC 105 (CanLII), per Skilnick J
BC PC 7 years imprisonment 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
AB CA 6.5 years imprisonment 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 (ONSC), per Dambrot J
ON SC Summary of case is pending.

Commodification of Sexual Services

Case Digests

Case Name Prv. Crt. Sentence Summary
R v Aguilar,
2021 ONCJ 87 (CanLII), per Ghosh J
ON PC 6 months Convicted under s. 286.1(2) and 172.1.
R v Bains,
2021 ABPC 20 (CanLII), per Semenuk J
AB PC 5 years imprisonment Convicted under s. 286.1(2), 172.1, 171.1 and 271.
R v Baxter,
2019 NSPC 8 (CanLII), per van der Hoek J
NS PC 2 months, 1 year probation
R v Rouse,
2018 NSSC 240 (CanLII), per Warner J
NS SC 22 months
R v Alvi,
2018 ABPC 136 (CanLII), per Robertson J
AB PC 90 days jail
Offender was convicted under 286.1(2)
R v Gudmandson,
2018 MBPC 31 (CanLII), per Devine J
MB PC Convicted under s. 286.1(2)
R v Mercer,
2017 NSPC 20 (CanLII), per Williston J
NS PC $500 fine
R v BM,
2005 QCCA 1144 (CanLII), per Doyon JA
QC CA Suspended Sentence "the court upheld a one-year suspended sentence. The accused was 68 years old and had tried to solicit a 15-year-old female for sexual services three times. He had no criminal record." [41]
R v Kowtalo,
1993 CanLII 14847 (MB CA), (1993), 41 W.A.C. 239 (Man. C.A.), per Helper JA
MB CA 60 days jail "the court reversed a two-year suspended sentence and imposed a sentence of 60 days to be served intermittently on an elderly offender who obtained sex for consideration from two complainants under the age of 18." [42]
R v Aldea,
2005 SKQB 461 (CanLII), per Zarzeczny J
SK SC "a conditional sentence order of 12 months for two offences was found to be a fit sentence. The offender was a 67-year-old Catholic priest who picked up two underage girls who were working as prostitutes and had sexual relations with them. He had relations with one girl four times, and one girl once." [43]
R v Wilson,
1998 CanLII 7201 (ONCA), , 40 W.C.B. (2d) 388 (Ont. C.A.), per curiam
ON CA "the court changed a six-month jail sentence for one count of gross indecency and three counts of paying for the sexual services of a person under age 18 to a six-month conditional sentence order. No further facts are provided in the reasons." [44]
R v Goohsen,
2000 SKCA 37 (CanLII), per Tallis JA
SK CA "the accused had been sentenced at trial to a four-month conditional sentence order for an offence under s. 212(4). His appeal from conviction was dismissed and his sentence appeal was abandoned. No further details of the offence or offender are provided." [45]
R v Nathoo,
1999 ABCA 60 (CanLII), per Picard JA
AB CA "the court upheld a 90-day jail sentence for an offender who attempted to purchase sexual services from a girl he thought was 17 years old; she in fact was a police officer. He had no criminal record." [46]
R v Vanoirschot,
2006 SKCA 130 (CanLII), per Lane JA
SK CA "the court upheld a four-month prison sentence for an offender who solicited a 17-year-old who was working as a prostitute in Saskatoon. The offender was 61 years old at the time of sentencing and had no prior record." [47]
R v Johnston,
2000 CanLII 16869 (ONCA), , 136 OAC 190 (CA), per LaBrosse JA
ON CA "the offender, a Crown attorney, was convicted of two counts under s. 212(4) and sentenced to three months’ imprisonment on one count and two months on the second count, to be served consecutively. The sentence was upheld on appeal. The offences involved two juvenile prostitutes, including one who had been a complainant in a rape case prosecuted by the offender. The sentencing judge in the case at bar distinguished Johnston on the basis that the court did not clearly find that the offender was in a position of trust with respect to the victims. The decision should not have been distinguished on this basis. A Crown counsel who obtains sexual services from an underage complainant, for money, is clearly in a position of trust." [48]
R v Leo,
1994 ABCA 223 (CanLII), per Hetherington JA
AB CA "the court reduced a one-year prison sentence to 90 days for an offender with no criminal record who pleaded guilty to one count under s. 212(4). The offender paid a third party for sexual intercourse with a girl he knew to be under the age of 18 years. He thought she was 16 years old, but she was in fact 14 years old. The offender was 40 years old and had a good work history:..." [49]
R v Slater,
2004 SKQB 301 (CanLII)
SK SC "the offender was given an 18-month prison sentence followed by three years’ probation for six counts under s. 212(4). He offended against a number of young Aboriginal girls for a period of four years. He had a lengthy record, including a record for breaching court orders. It was on that basis that the court concluded that a conditional sentence order was not appropriate." [50]
R v LDW,
2007 SKCA 79 (CanLII), per Wilkinson JA
SK CA "the court set aside a two-year conditional sentence order and imposed a sentence of 18 months’ imprisonment for two acts of obtaining the sexual services of a person under age 18 (the offender’s cousin), and a vicious assault on the offender’s wife." [51]
R c Maheu, 1997 CanLII 10356 (QC CA), 116 CCC (3d) 361 (Que. C.A.) QC CA "the court overturned a twelve-month conditional sentence order and imposed a twelve-month prison sentence for five offences under s. 212(4) and s. 153(1)(b) (invitation to sexual touching). The offender was a teacher who enticed a number of students, over a five-year period, to become financially and psychologically dependent on him so he could obtain their participation in sexual activities. The court overturned the conditional sentence because there was a risk of recidivism, and the community’s safety was at risk." [52]
R v MAR,
(1990), 9 W.C.B. (2d) 270 (NSCA)(*no CanLII links)
NS CA "the Court reversed a thirty-six-month prison sentence (18 months on each count, to be served consecutively), and imposed two six-month consecutive sentences, for a total of twelve months, for two counts under s. 212(4). The offender desisted when his victims refused his advances; however, the court noted that had a long record." [53]

Procuring and Living on the Avails of Prostitution





Procuring

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

Seeking Services of Under-age Prostitutes

Case Name Prv. Crt. Sentence Summary
R c Boutin,
2012 QCCQ 5603 (CanLII), per DeCoste J
QC PC 2 years imprisonment
R v Johnson,
2008 SKQB 244 (CanLII)
SK SC 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
ON CA 5.5 years imprisonment
R v Wasser,
2007 CanLII 23491 (ONSC), per Kiteley J
ON SC 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
SK CA 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
MB CA 1 year CSO offender met complainant through internet, offered a laptop for fellatio
R v Vanoirschot,
2006 SKCA 130 (CanLII), per Lane JA
SK CA 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
SK SC 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
SK CA 4 months CSO
R v Kim,
2000 BCSC 1506 (CanLII), per Dillon J
BC SC 2.5 years imprisonment 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
AB CA 90 days jail undercover officer posed as 17 year old girl
R v Maheu,
1997 CanLII 10356 (QC CA), 116 CCC (3d) 361 (Que. C.A.), per Rousseau-Houe JA
QC CA 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)
MB CA 60 days jail involved "streetwise" victims, no record.
R v MAR,
1990 CanLII 4257 (NSCA), per Hart JA
NS CA 6 months each two instances of soliciting sex from boys under 16.

Procuring and Controlling Under-age Prostitutes

Case Name Prv. Crt. Sentence Summary
R v Ackman,
2016 MBQB 109 (CanLII), per Martin J
MB SC 15 years imprisonment (global)
6 years imprisonment (avails)
2 years (proceeds)
sex assault (3.5 to 4 years)
2 years (child porn)
R v Bloomfield,
2016 ONCA 447 (CanLII), per curiam
ON CA 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)
ON SC 6 years imprisonment 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)
ON CA 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)
QC PC 34 months (global)
R v B(K),
2004 CanLII 36124 (ON CA), 184 CCC (3d) 290
ON CA 4.5 years imprisonment living off avails of prostitutes under the age of 18. Overturned sentence of 5 years.
R v Barrington,
(2004), 25 CR (6th) 70(*no CanLII links)
12 to 18 months living off avails. discussion of ranges
R v Ng,
2008 BCCA 535 (CanLII), 241 CCC (3d) 340
BC CA 12 to 18 months (procure x2)
12 months (keeping)
R v Martinez,
1994 CanLII 4480 (NLSCTD)
NL SC 3 years imprisonment (global)
R v Sampson,
1994 CanLII 7589 (NS SC), [1994] NSJ No 355 (T.D.)
NS SC 3.5 years imprisonment 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), , 71 OAC 79
ON CA 9 years imprisonment (global)
4 years imprisonment (sex-related offences)
5 years (assault CBH)
Offender kept prostitutes in a state of near-slavery for 3 years
R v Bottyan,
1994 ABCA 163 (CanLII), [1994] AJ No 347 (CA)
AB CA 8 years imprisonment 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), 124 N.S.R.(2d) 77 (T.D.)
NS SC 7 years imprisonment (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)
ON 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)
ON 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,
, 118 A.R. 72 (Alta. P. Ct.)(*no CanLII links)
AB PC 2.5 years imprisonment 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 (NSCA), , 95 N.S.R.(2d) 32 (App. D.)
NS CA 16 months (global)

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

R v David,
(1989), 90 N.S.R.(2d) 97 (App. D.)(*no CanLII links)
NS CA 3 years imprisonment (avails)
1 years imprisonment (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 Prv. Crt. Sentence Summary
R v Hynes,
2014 NSSC 119 (CanLII), per Edwards J
NS SC 3 years imprisonment 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
AB PC 6 years imprisonment Offender assisted in disposing of body, thought of idea to burn it.
R v Steadman,
2008 BCSC 1613 (CanLII), (2008) BCJ 2284, per Barrow J
BC SC 4 years imprisonment offender helped dismember body and dispose of evidence
R v Gowen,
2011 NSSC 259 (CanLII), per Hood J
NS SC 3 years imprisonment Offender assisted principle in creating alibi for homicide. Offender plead guilty early on.
R v G,
2006 NSPC 58 (CanLII), per MacDougall J
NS PC 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)
NWT SC 3.5 years imprisonment Offender assisted in disposing and moving body
R v Dow,
2003 NSSC 82 (CanLII), per Wright J
NS SC
R v Nolan,
2001 BCCA 354 (CanLII), per Ryan JA
BC CA
R v Campbell,
2001 CanLII 25674 (NSSC), [2001] NSJ No 410, per Gruchy J
NS SC 3 years imprisonment (JR) Offender assisted in cleaning up the body and blood.
R v Lowe,
1998 CanLII 5350 (BC SC), , 1998 CarsellBC 2575, per Preston J
BC SC 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)
ON 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 imprisonment 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)
MB CA
R v Drew,
(1989) 7 WCB (2d) 394 (NSSC)(*no CanLII links)
NS SC
R v Murdoch,
(1988) 5 WCB (2d) 341(*no CanLII links)
R v Ropchan,
1986 CarswellYukon 54, 1 YR 225(*no CanLII links)
YK 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 Prv. Crt. Sentence Summary
R v Reid(Conway),
2014 CanLII 22078 (NLPC), per Porter J
NL PC 150 days jail (assault)
60 days jail (threats)
biting victim.
R v Chisholm,
2012 NBQB 389 (CanLII), per Morrison J
NB SC 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] NJ No 214 (P.C.)(*no CanLII links)
NL PC 1 month incarceration pushing into snowbank and holding down
R v Roefaro,
2011 BCPC 278 (CanLII), per Meyers J
BC PC 3 years imprisonment beating over 3 hours; gay victim; broken ribs, teeth
R v Rautenberg,
2011 BCPC 259 (CanLII), per MacKay J
BC PC 12 months
R v Wells,
[2011] NJ 140(*no CanLII links)
NL Suspended Sentence punch in side of head, no record, D sought discharge
R v Coleman,
[2010] NJ 87(*no CanLII links)
NL 20 days jail grabbing victim by hair , no record, D sought discharge
R v Hickey,
2010 CanLII 57635 (NLPC), per Porter J
NL PC 6 months self-choking gesture while uttering threat
R v Lyver,
2011 CanLII 54511 (NLPC), [2010] NJ 92, per Gorman J
NL PC 6 months 2 assaults after unlawfully entering house, masked
R v Newman,
2009 NLCA 32 (CanLII), [2009] NJ 201, per Welsh JA
NL CA 3 months threw victim against wall
R v Manning,
2009 CanLII 33466 (NLPC), [2009] NJ 167, per Porter J
NL PC 5 months strike to face
R v Withrow,
2008 NSPC 28 (CanLII), per Campbell J
NS PC 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
NS CA 22 weeks assault causing bodily harm; swarming
R v Koc,
2008 NLTD 97 (CanLII), [2008] NJ No 161 (S.C.), per Goulding J
NL SC discharge appeal from 14 day CSO, would be deported if CSO sentence
R v O'Soup,
2011 SKCA 97 (CanLII), per Caldwell JA
SK CA 6 months Causing bodily harm; kicked bouncer in head after he passed out
R v SG,
[2006] NJ 266(*no CanLII links)
NL Suspended Sentence pushing against wall, no record, D sought discharge
R v Tobin,
2005 CanLII 8659 (NLPC), per Porter J
NL PC 4 months assault, uttering threats, mischief and several breaches

Assault and Assault with a Weapon

Case Name Prv. Crt. Sentence Summary
R v Do,
2018 BCCA 229 (CanLII), per Stromberg-Stein JA
BC CA 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
ON SC 18 months + Probation assault with brass knuckles. Offender has extensive record for violence.
R v Bolton,
2012 SKQB 180 (CanLII), per Chicoine J
SK SC 12 months assault with a chain
R v Biemans,
2012 BCPC 95 (CanLII), per Woods J
BC PC 7 days jail drove into victim with car
R v Cardinal,
2012 ABCA 102 (CanLII), per Rowbotham JA
AB CA 30 months assault with a weapon, unlawful confinement, choking and uttering threats conviction
R v Oladimeji,
2012 ONCA 19 (CanLII), per curiam
ON CA 28 months assault with a brick during a drug deal; prior related record;
R v MP,
2011 BCPC 380 (CanLII), per Bennett J
BC PC 3 years imprisonment assault with a pool cue in the forenic hospital
R v Wells,
[2011] NJ No 140(*no CanLII links)
NL 90 days jail hitting the victim with a pool cue
R v Hollett,
2011 CanLII 55968 (NLPC), [2011] NJ No 327, per Orr J
NL PC 6 months assault while possessing a baseball bat [per Orr J]
R v Pollock,
2011 CanLII 42630 (NLPC), [2011] NJ No 259, per Hyslop J
NL PC 10 months fired a pellet gun at a police officer [per Hyslop J]
R v Phillpot,
[2011] NJ No 71(*no CanLII links)
NL 14 months stabbed victim in hands
R v Wells,
2007 CanLII 42203 (NLPC), [2007] NJ No 354, per Orr J
NL PC 12 months stabbing [per Orr J]
R v Nichol,
2007 NLTD 35 (CanLII), [2007] NJ No 53, per O’Regan J
NL SC 10 months remand threated victim with needle. [per O'Regan] J
R v Poker,
2006 NLTD 154 (CanLII), [2006] NJ No 285, per Fowler J
NL SC 2 years imprisonment stabbing
R v Capstick,
2006 NSSC 33 (CanLII), per Cacchione J
NS SC discharge Offender assaulted his child. He was in a position of trust to victim. No prior record.
R v Manning,
[2005] NJ No 234(*no CanLII links)
NL 12 months hit the victim in the head with a beer bottle.
R v Molloy,
2005 NLTD 172 (CanLII), [2005] NJ No 309, per Dymond J
NL SC 7 months hit the victim with a stick and a piece of baseboard. [per Dymond J]
R v Kerrivan,
2004 NLSCTD 112 (CanLII), [2004] NJ No 208, per Barry J
NL SC 14 months pointed a firearm at the victim. [per Barry J]
R v Anderson,
[2004] NJ No 246(*no CanLII links)
NL 3 months threatened the police with a knife
R v Lewis,
2002 CanLII 54024 (NL SC), [2002] NJ No 114, per Handrigan J
NL SC 18 months offender cut the victim's throat with a knife.
Template:CanLIIRP-SN NL 8 months throwing a post through window of victim's home
R v Lewis,
2002 CanLII 54024 (NLSCTD), per Handrigan J
NL SC 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 CanLII 28797 (NL SC), [2000] NJ No 213, per Adams J
NL SC 2 months CSO threatened the victim with knife.

Assault Causing Bodily Harm

Case Name Prv. Crt. Sentence Summary
R v TB,
2021 ABCA 17 (CanLII)(complete citation pending)
AB CA 6 months
R v Espinosa Ribadeneira,
2019 NSCA 7 (CanLII), per Oland JA
NS CA 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
NS SC 1 year incarceration
R v O'Loughlin,
2017 ONCA 89 (CanLII), {{{4}}}, per curiam
ON CA 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
BC PC 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
BC PC 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 (NLPC), per Goulding J
NL PC 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
MB CA 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
ON SC 4.5 months
R v Reesor,
2012 ABPC 163 (CanLII), per AJ Brown J
AB PC 90 days jail
R v SCR,
2012 BCPC 122 (CanLII), per De Couto J
BC PC 4 years imprisonment
R v Gladue,
2012 ABCA 118 (CanLII), per curiam
AB CA 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 (NLPC), per Porter J
NL PC 9 months 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
ON PC 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
SK CA 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
SK CA 3 years imprisonment 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 CanLII 4683 (SK CA), [1994] 9 WWR 124, 91 CCC (3d) 541, per Vancise JA
SK CA 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. & PEIR 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 Prv. Crt. Sentence Summary
R v Singh,
2014 ONSC 3565 (CanLII), per Campbell J
ON SC 4 months + Pr assault domestic partner twice, including once with a weapon.
R v Manning,
2014 CanLII 5265 (NLPC), per Porter J
NL PC 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
BC PC absolute discharge
R v Grossetete,
2012 NWTCA 2 (CanLII), per Hunt JA
NWT CA 13 months 2 assaults
R v Sydney,
2012 NSPC 93 (CanLII), per Tax J
NS PC CSO
R v Pumphrey,
[2011] NJ No 129 (P.C.)(*no CanLII links)
NL 90 days jail + 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] NJ No 122 (P.C.)(*no CanLII links)
NL PC 60 days CSO + probation domestic assault. He struck her and pulled her hair.
R v Marsh,
2011 CanLII 80150 (NLPC), [2011] NJ No 440 (P.C.), per Gorman J
NL PC 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
ON PC 90 days jail domestic assault; uttering threats; no prior record
R v Sidhu,
2011 ONCA 139 (CanLII), per curiam
ON CA
R v Granger,
2011 ONCA 537 (CanLII), per curiam
ON CA 18 months conviction at trial, choking, threatening
R v McGrath,
2009 NLTD 45 (CanLII), per Butler J
NL SC 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 (CanLII), per Faour J
NL SC 39 months (global) several assaults over 5 months; aggravated assault, unlawful confinement
R v Kopriva,
2008 ONCA 54 (CanLII), per curiam
ON CA JailM 12
R v Aymont,
2008 ABPC 285 (CanLII), per Ogle J
AB PC 15 month discharge
R v Louison,
2008 SKCA 69 (CanLII), per Wilkinson J
SK CA 24 months two prior domestic assault convictions, including scaring. Two sets of assaults against same person.
R v R(BS),
2006 CanLII 29082 (ONCA), , 81 OR (3d) 641 (CA), per Cronk JA
ON CA
R v States,
2006 CanLII 25973 (ONCA), (2006), 214 OAC 106 (CA), per curiam
ON CA
R v Campbell,
2007 ONCA 313 (CanLII), per curiam
ON CA 2 years imprisonment assault causing harm; long record of violence; sparked by a racial slur
R v Julian,
2006 NSPC 67 (CanLII), per Derrick J
NS PC 14 mo and probation two assault on same victim; lasting injuries
R v Hanson,
2006 YKTC 43 (CanLII), per Ruddy J
YK SC conditional sentence order
R v GC,
2005 NLTD 35 (CanLII), per LeBlanc J
NL SC 45 months aggravated assault; assault with a weapon; alcohol involved
R v Francisco (E.N.),
2005 MBCA 110 (CanLII), per Hamilton JA
MB CA 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
AB CA 2 years suspended sentence 2 domestic assaults; significant amount of rehabilitation
R v Ochuschayoo,
2004 SKCA 16 (CanLII), per Tallis JA
SK CA 3 years imprisonment assault causing; long record
R v MacDonald,
2003 NSCA 36 (CanLII), per Bateman JA
NS CA 22 months assault causing
R v Morgan,
[2003] NJ 341 (NLSC)(*no CanLII links)
NL discharge (JR) offender dragged spouse across floor. no record.
R v Smith,
1999 CanLII 1544 (ONCA), per curiam
ON CA 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 CanLII 4972 (SK CA), (1996), Sask R. 16 (CA), per Tallis JA
SK CA 1 year incarceration punched wife in eyes and hit her with bottle on head; extensive record of violence [per Tallis JA] {{{5}}}
R v Pardy,
1996 CanLII 11686 (NL SC), (1996), 145 Nfld. & PEIR 78 (N.L.S.C.), per Easton J
NL SC 21 days jail pushing girlfriend to the ground and kicking her [per Easton J]
R v Bonneteau,
1994 ABCA 327 (CanLII), per Hetherington JA
AB CA two years less one day 3 assault causing bodily harm over 2 years
R v Pitkeathly,
1994 CanLII 222 (ONCA), per curiam
ON CA 8 years imprisonment aggravated assault
R v Greene,
1993 CanLII 1021 (BCCA), per Taggart JA
BC CA 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
NS CA 12 months aggravated assault
R v Brown, Highway, Umpherville,
1992 ABCA 132 (CanLII), 73 CCC 242 (Alta. CA), {{{4}}}, per curiam
AB CA 18 mo/18mo/3 years 3 separate cases; history of violence
R v Nolan,
1990 CanLII 7761 (SK CA), , Sask R (CA), per Tallis JA
SK CA 6 months struck wife; was on probation for violence against V at time
R v Ayles,
(1989) NSCA(*no CanLII links)
NS CA 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 (ONCA), per Howland CJ
ON CA 30 days and probation
R v Petrovic,
1984 CanLII 2003 (ONCA), , 47 OR (2d) 97 (CA), per Lacouriere JA
ON CA

Child victim

Case Name Prv. Crt. Sentence Summary
R v RGB,
2017 ABCA 359 (CanLII), per curiam
AB CA 2 years less a day incarceration 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
MB PC 6 years imprisonment 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
SK PC CSO The offender convicted of assault causing bodily harm on infant daughter
R v Bowden,
2015 NSPC 13 (CanLII), per Derrick J
NS PC 18 months
R v Tremblay,
2013 BCPC 38 (CanLII), per Chen J
BC PC 15 days jail 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
ON PC 12 months
R v Gallant,
2012 CanLII 21016 (NLPC), per Gorman J
NL PC 3 months hit and kick in face of 14 year old
R v C(YJ),
2012 ONCJ 25 (CanLII), per Harris J
ON PC Conditional Discharge assault of 10 year old son; immigration implications of criminal record
R v CGO,
2012 BCCA 129 (CanLII), per Bennett JA
BC CA 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 (NLPC), per Gorman J
NL PC Template:SupsendedSentence, 12 months punch to child; struggle; dated prior record
R v JB,
[2011] NJ No 164 (P.C.)(*no CanLII links)
NL 14 days jail offender assaulted his wife and daughter while on conditions to have no contact--he pushed daughter against bed headboard.
R v JTR,
[2011] NJ No 339 (PC)(*no CanLII links)
NL PC Suspended Sentence offender struck son's arm to release grip on arm
R v Hardwood-Jones,
2010 MBQB 8 (CanLII), per Martin J
MB SC 18 months The offender was convicted of aggravated assault against a 4 month old child.
R v Samms,
2010 CanLII 31277 (NLPC), [2010] NJ No 202 (P.C.), per Gorman J
NL PC 6 mo CSO
R v Sharpe,
2010 ABQB 576 (CanLII), per Burrows J
AB SC 2 years less a day CSO The offender was convicted of aggravated assault.
R v Stacey,
2009 CanLII 51222 (NLPC), [2009] NJ No 257 (P.C.), per Porter J
NL PC 6 months
R v McCauley,
2007 CanLII 13937 (ONSC), per Hill J
ON SC 12 months The offender was convicted of aggravated assault against her infant child.
R v MJS,
2006 ABCA 176 (CanLII), per Fruman JA
AB CA 18 months
R v DP,
[2004] NJ No 38 (P.C.)(*no CanLII links)
NL PC Suspended Sentence
R v WL,
[2004] NJ No 44 (P.C.)(*no CanLII links)
NL PC 60 days jail offender threw step-son down stairs and damaged residence
R v Bourgeois,
2001 ABPC 155 (CanLII), per Stevenson J
AB PC 4 years imprisonment The offender pleaded guilty to aggravated assault.
R v Burke,
1996 CanLII 11083 (NL CA), [1996] NJ No 179 (CA), per Gushue CJ
NS CA discharge assaulted child at orphanage, appeal from 1 month sentence [per Gushue CJN]

Assault by persons in authority

Case Name Prv. Crt. Sentence Summary
R v Bal,
2013 BCPC 21 (CanLII), per Fratkin J
BC PC Suspended Sentence 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
ON PC 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
NB SC 60 days jail prison guard assaults inmate
R v Ens and Moyse,
2011 MBQB 301 (CanLII), per Schulman J
MB SC 21 days CSO
R v Lepine,
2010 ABPC 374 (CanLII), per Rosborough J
AB PC 4 months CSO
R v Byrne,
2009 ONCA 134 (CanLII), per Feldman JA
ON CA 90 days
R v Carrigan,
2009 CanLII 59434 (NLPC), [2009] NJ No 305 (P.C.), per Pike J
NL PC correctional officer assaults inmate causing bodily harm, public trust, discharge rejected
R v Gillan,
2009 BCPC 241 (CanLII), per Watchuk J
BC PC 21 days CSO
R v Feeney et al,
2008 ONCA 756 (CanLII), per curiam
ON CA 30 to 60 days
R v Ens,
2006 ABPC 164 (CanLII), per JDB McDonald J
AB PC CSO The offender was a security guard
R v Langlois,
2004 BCPC 195 (CanLII), per Bagnall J
BC PC 21 days CSO
R v Williams,
2004 ONCJ 261 (CanLII), per Agro J
ON PC CSO The offender assaulted the victim while on duty as peace officer
R v Nixon,
1991 CanLII 905 (BCCA), per Cumming JA
BC CA 9 months
R v Bottrell,
1981 CanLII 352 (BCCA), per Laycraft JA
BC CA 45 days
R v Cusack,
1978 CanLII 2283 (NSCA), , [1978] NSJ No 538, 41 CCC (2d) 289 (CA), per Hart JA
NS CA

Assault Peace Officer

Spitting

Case Name Prv. Crt. Sentence Summary
R v Beaudin,
2012 ONCA 615 (CanLII), per curiam
ON CA 12 months long record
R v McLeod,
2009 SKPC 85 (CanLII), per Morin J
SK PC 6 months spitting in eye of officer
R v Charlette,
2010 SKCA 78 (CanLII), per Jackson JA
SK CA 60 days spit in face; possible contagious disease
R v Wiersema,
2009 YKTC 6 (CanLII), per Cozens J
YK SC spit on officer while bleeding; had communicable disease
R v Ali,
2006 ABQB 805 (CanLII), per Lee J
AB SC 4 months spit on officer; extensive record
R v Beuk,
2005 CarswellOnt 1674 (ONSC)(*no CanLII links)
ON SC Suspended Sentence spat in face of breath-tech during impaired investigation
R v CEK,
2002 ABCA 295 (CanLII), [2002] A.J. No.1519, per Conrad JA
AB CA 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)
ON SC 4 months spitting on officer; related to charges of uttering threats, breach of probation; record of violence; "uncontrollable" in community
R v ,
Ryan(*no CanLII links)
ON 3 months spitting at a police officer
R v Raycraft,
[1995] OJ No 3958(*no CanLII links)
ON 4 months spat at peace officer during crowd control

Physical Violence

Case Name Prv. Crt. Sentence Summary
R v Baines,
2013 ABPC 92 (CanLII), per Van de Veen J
AB PC 9 months kicked officer in face causing bodily harm
R v Boden,
2012 BCPC 331 (CanLII), per Giardini J
BC PC 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
SK CA 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
AB SC discharge while intoxicated grabbed officer's groin, tried to kick him, no injuries sustained
R v Patton,
2011 ABCA 199 (CanLII), per curiam
AB CA 48 months jail
R v Gardner,
2011 CanLII 4709 (NLPC), [2011] NJ No 41, per Gorman J
NL PC 1 months 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
YK SC 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
ON CA 90 days jail offender convicted of dangerous driving causing bodily harm--assaulted officer while resisting arrest
R v Beauprie,
2009 ABQB 323 (CanLII), per Moen J
AB SC 14 days jail 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
NL SC 120 days jail 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
NB SC 10 months unprovoked assault on prison guard, with multiple hits
R v Chocolate,
2005 NWTSC 80 (CanLII), per Foisy J
NWT SC 2 years less a day incarceration
R v Legrandeur,
2006 BCSC 227 (CanLII), per Warren J
BC SC Suspended Sentence pushed officer in moment of anger
R v Grossman,
2004 BCPC 236 (CanLII), per Challenger J
BC PC 1 year incarceration pepper sprayed police officer and his dog

Disarming Peace Officer and Related Offences

Case Name Prv. Crt. Sentence Summary
R v Brown,
2018 ABPC 10 (CanLII), per Van Harten J
AB PC 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 Prv. Crt. Sentence Summary
R v EC & DP,
2018 CanLII 14036 (NLPC), per Gorman J
NL PC 4 months CSO Summary of case is pending.
R v Wade,
2016 SKQB 177 (CanLII), per Zuk J
SK SC Suspended Sentence 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
AB PC 9 months
R v Wall,
2013 SKQB 239 (CanLII), per Keene J
SK SC 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 ONSC 1685 (CanLII), [2012] OJ No 1157, per Blishen J
ON SC Suspended Sentence
R v Frank,
2012 NSPC 5 (CanLII), per Derrick J
NS PC 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
ON SC discharge
R v Morton,
2011 ABCA 352 (CanLII), per Paperny JA
AB CA 18 months harass over 3 years
R v Regula,
2012 ABPC 62 (CanLII), per Sully J
AB PC Suspended Sentence criminal harassment, no record, plead guilty, age 21.
R v Pletz,
2010 SKQB 14 (CanLII), per Malone J
SK SC 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)
ON Suspended Sentence
R v Lauzon,
2009 ONCJ 666 (CanLII), [2009] OJ No 5830, per Brophy J
ON PC Suspended Sentence
R v Devereaux, 2007 CanLII 18 (NLPC), [2007] NJ No 4, per Porter J NL PC Suspended Sentence
R v Brake,
2007 CanLII 43483 (NLPC), per Porter J
NL PC 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 BCPC 369 (CanLII), [2004] BCJ No 2112, per Kitchen J
BC PC discharge
R v Kelly,
2004 CanLII 18861 (NLPC), [2004] NJ No 18 (P.C.), per Porter J
NL PC 30 days jail "The accused had parked outside the victims’ house and contacted her by telephone."
R v Strickland,
2004 CanLII 34911 (NLPC), [2004] NJ No 368 (P.C.), per Porter J
NL PC 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 (NLPC), per Gorman J
NL PC 5 months + Pr
R v Simms,
2002 CanLII 14769 (NLPC), per Gorman J
NL PC 5 months + Pr
R v Biden,
2001 SKCA 7 (CanLII), per Vancise JA
SK CA 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)
NL CA 6 months CSO + Pr
R v Meehan,
1998 CanLII 13314 (NL SC), [1998 NJ No 3], {{{4}}} and 1998 CanLII 18761 (NL SC), per Barry J
NL SC 9 months CSO + Pr

Abandoning Child

Case Digests

Case Name Prv. Crt. Sentence Summary
R v GKJ,
2006 ABPC 72 (CanLII), per Fradsham J
AB PC 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. SCJ)(*no CanLII links)
ON SC 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)
ON PC 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
AB CA $2,500 fine + Pr The offender left child at home in cold weather while he went out drinking
R v CME,
1995 ABCA 191 (CanLII), [1995] AJ No 510, per Mason J (2:1)
AB CA 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 Prv. Crt. Sentence Summary
R v O’Byrne,,
2013 ONCJ 171 (CanLII), per Greene J
ON PC 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
NB CA 3 months CSO + Prob. The offender abducted his own child contrary to a family court order.

Administering a Noxious Substance




Case Digests

Case Name Prv. Crt. Sentence Summary
R v Morrison-Lonie,
2013 ABCA 202 (CanLII), per curiam
AB CA 5 years imprisonment (global) Offender sentenced for kidnapping with a firearm, B&E intending to commit aggravated assault, masking, administering noxious substance.
R v Theriault,
2013 ABCA 203 (CanLII), per curiam
AB CA 5 years imprisonment (global) Offender sentenced for kidnapping with a firearm, B&E intending to commit aggravated assault, masking, administering noxious substance. Co-accused with Morrison-Lonie.
R v Clark,
2009 ABCA 24 (CanLII), per Hart JA
AB CA 6 years imprisonment (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.
R v Bell,
2004 CanLII 32263 (ONSC), per Archibald J
ON SC 4 years imprisonment 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.
R v Bourgeois,
2004 CanLII 13060 (QC QC), per Bonin J
QC PC 1 year incarceration + 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
SK SC 3.5 years imprisonment convicted of manslaughter of wife, involved administering noxious substance
R v McDowell,
2002 ABPC 199 (CanLII), per Fradsham J
AB PC 12 years imprisonment (global)
4 years imprisonment (noxious)
The 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, LK,
1999 CanLII 3791 (ONCA), 138 CCC (3d) 449, per Moldaver JA
ON CA 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 (ONCA), per Rosenberg JA
ON CA CSO / time served Offender administered cocaine to 5 year old son. Trial Judge ordered 2 years less a day jail.
R v Touchie,
[1994] BCJ No 1313 (BCCA)(*no CanLII links)
BC CA 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 (YTSC)(*no CanLII links)
YT SC 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] MJ No 160 (MBCA)(*no CanLII links)
MB CA 8 years imprisonment (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 CanLII 7173 (ONCA), 49 CCC (3d) 81, 32 OAC 102, 7 W.C.B. (2d) 346 (Ont. C.A.), per Goodman JA
ON CA 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 Prv. Crt. Sentence Summary
R v Allen,
2019 ONSC 971 (CanLII), per Tzimas J
ON SC discharge
R v Deering,
2016 ABCA 418 (CanLII), per curiam
AB CA 21 months
R v House,
2016 ABCA 414 (CanLII), per Martin JA
AB CA 3.5 years imprisonment 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
ON SC 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.
R v SAT,
2016 BCPC 355 (CanLII), per Challenger J
BC PC 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.
R v Bailey,
2016 ONCJ 662 (CanLII), per West J
ON PC 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.
R v Finlay,
2016 BCCA 299 (CanLII), per Goepel JA
BC CA 3 years imprisonment
R v Hamlyn,
2016 ABCA 127 (CanLII), per curiam
AB CA 21 months
R v Nicholls,
2013 BCSC 1145 (CanLII), per Savage J
BC SC Suspended Sentence
R v Willis,
2013 NSCA 78 (CanLII), per Beveridge JA
NS CA 3 years imprisonment 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
ON SC 90 days (Agg.)
30 days (Uttering Threats)
R v Lagimodiere,
2013 BCCA 174 (CanLII), per Newbury JA
BC CA 3 years imprisonment caused victim to dislocate spine, became paraplegic
R v Moller,
2012 ABCA 381 (CanLII), per curiam
AB CA 4 years imprisonment beat victim with beer bottle
R v Barnsdale,
2012 MBCA 56 (CanLII), per Beard JA
MB CA 2 years imprisonment beat good friend in head with a shovel multiple times, caused crippling brain damage
R v Knott,
2012 MBQB 105 (CanLII), per McCawley J
MB SC Suspended Sentence was party to a beating
R v Best,
2012 NSCA 34 (CanLII), per MacDonald CJ
NS CA 3 years imprisonment aggravated assault and break and enter
R v Neshinapaise,
2012 ONCJ 82 (CanLII), per DiGiuseppe J
ON PC 2.5 years imprisonment Caused severe brain damage
R v Merceica,
2011 BCPC 379 (CanLII), per St Pierre J
BC PC 3 years imprisonment aggravated assault; throw hot liquid at someone in correctional facility.
R v Cox,
2010 NLTD 127 (CanLII), per Handrigan J
NL CA 12 months hit broke ribs, punctured one lung
R v Ali,
2010 MBCA 14 (CanLII), per Monnin JA
MB CA 9 months aggravated assault; broken jaw
R v MacDonald,
2010 NSSC 281 (CanLII), per Coughlan J
NS SC 12 months permanent minor nerve damage
R v Cador,
2010 ABCA 379 (CanLII), per Slatter JA
AB CA
R v CRD,
2010 ABCA 128 (CanLII), per Rowbotham JA
AB CA 90 days inter. breaking son's leg
R v Sayazie,
2010 SKCA 14 (CanLII), per Ottenbreit JA
SK CA 3 years imprisonment spousal beating, caused permanent muscle damage; no record
R v Lambert,
2010 NBQB 101 (CanLII), per Ferguson J
NB SC 4.5 years imprisonment
R v Ward,
2009 BCCA 556 (CanLII), per Ryan JA
BC CA 7 years imprisonment serious permanent damage to brain and body
R v Gaudet,
2009 NSPC 54 (CanLII), per Tax J
NS PC 9 months with probation
R v Boachie,
2008 ONCA 342 (CanLII), per curiam
ON CA 23 months (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
BC CA 8 months strike to head with wooden and metal objects
R v Haj-Ahmed,
2007 BCCA 143 (CanLII), per Hall JA
BC CA 5 years imprisonment accused poured boiling oil on victim
R v Sooch,
2007 ABPC 260 (CanLII), per Bascom J
AB PC 4 years imprisonment 23 year old; strangulation of girlfriend
R v Payne,
2007 BCCA 541 (CanLII), per Smith JA
BC CA 8 years imprisonment extortion; struck with axe on head and hand
R v J. A.,
2006 BCPC 625 (CanLII), per Bagnall J
BC PC 2 years less a day CSO
R v Ruksys,
2006 ABCA 270 (CanLII), per Martin JA
AB CA 15 months struck in the head, neck and arm until unconscious. Life threatening injuries.
R v Morash,
2006 SKCA 59 (CanLII), per Cameron JA
SK CA 9 years imprisonment 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
BC CA 2 years less a day incarceration maiming
R v Armstrong,
2003 BCSC 1057 (CanLII), [2003] BCJ No 1667 (S.C.), per Davies J
BC SC 8 years imprisonment assaulted two probation officers with a bat causing significant injuries; mental health history;
R v Ervin,
2003 ABCA 179 (CanLII), per Fraser CJ
AB CA
R v Gates,
2002 BCCA 128 (CanLII), per Ryan JA
BC CA 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
ON CA 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
BC CA 4 years imprisonment robbery with knife; multiple cuts to face
R v Lafleche,
2001 ABCA 292 (CanLII), per curiam
AB CA 4 years imprisonment 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
NL SC 4 years imprisonment 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
AB CA
R v Tusek,
1999 CanLII 2075 (ONCA), [1999] OJ No 3413 (CA), per curiam
ON CA 4 years imprisonment stabbing customer in restaurant; age 19; no record
R v Chisholm,
1998 CanLII 2740 (NS C.A.), per Bateman JA
NS CA 6 months aggravated assault; drunken bar fight
R v Rasanen,
1997 CanLII 3368 (BC C.A.), per Hall JA
BC CA 6 years imprisonment premeditated attack; bragged to friends about it.
R v Powell,
1994 CanLII 4072 (NSCA), per Clarke CJ
NS CA Suspended Sentence 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
SK CA 3 years imprisonment 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 Prv. Crt. Sentence Summary
R v Nickel,
2012 ABCA 158 (CanLII), per Watson JA (3:2)
AB CA 3 years imprisonment put 9 month old's feet in boiling water
R v MJS,
2006 ABCA 176 (CanLII), per Fruman JA
AB CA 2 years less a day incarceration

Stabbing

Case Name Prv. Crt. Sentence Summary
R v Foley,
2017 CanLII 26721 (NLSCTD), per Handrigan J
NL SC 4 years imprisonment
R v JCK,
2013 ABCA 50 (CanLII), per curiam (2:1)
AB CA 2 years less a day incarceration stabbed victim 10 times in body and neck
R v JR,
2012 BCPC 240 (CanLII), per St Pierre J
BC PC 4 years imprisonment stabbing with knife in head, unprovoked
R v Sharma,
2012 BCPC 176 (CanLII), per Callan J
BC PC 4 years imprisonment
R v Wilson,
2012 ONCA 372 (CanLII), per curiam
ON CA 4 years imprisonment 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
ON SC 36 months
R v Makhniashvili,
2011 ONCJ 772 (CanLII), per Rutherford J
ON PC 6 years imprisonment aggravated assault; two incidents of stabbing family members in abdomen
R v Wheeler,
2011 CanLII 69366 (NLPC), per Gorman J
NL PC 4 years imprisonment stabbing in face
R v Ashley,
2008 NSPC 11 (CanLII), per Campbell J
NS PC 2 years less a day CSO aggravated assault; stabbing twice with a knife
R v Morgan,
2008 NWTCA 12 (CanLII), per curiam
NWT CA 3.5 years imprisonment 3 stabs to the head
R v Ryan,
2006 NLTD 167 (CanLII), per O'Regan J
NL SC 6 years imprisonment 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
NL SC 5 years imprisonment 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 (CA), per Kirkpatrick JA
BC CA 2-3 years The offender stabbed ex-partner in the abdomen.
R v Osmond,
2005 NLTD 64 (CanLII), per Goulding J
NL SC 4 years imprisonment 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 (SCJ)(*no CanLII links)
ON SC 2 years less a day incarceration The offender stabbed acquaintance in back over dispute. Judge considered his positive background.
R v Belisario,
2002 BCCA 208 (CanLII), per Hall JA
BC CA 15 months stabbing; no record
R v Deesasan,
, [1996] OJ No 489(*no CanLII links)
ON 12 months stabbing in bus; victim in hospital
R v Wu,
1994 CanLII 6468 (NB CA), [1994] NBJ No.96 (CA), per Hoyt CJ
NB CA 9 years imprisonment retribution stabbing of sleeping victim; injuries in multiple regions of body; no record
R v Khan,
[1991] OJ No 1025 (CA)(*no CanLII links)
ON CA 8 years imprisonment unprovoked stabbing of stranger in subway; mental health issue; dated prior related record
R v Sheppard,
[1987] NSJ 380 (NSCA)(*no CanLII links)
NS CA Suspended Sentence 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 Prv. Crt. Sentence Summary
R v Shahcheraghi,
2017 ONSC 574 (CanLII), per Morgan J
ON SC 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
AB PC 21 months
R v Fensom,
2014 ABQB 238 (CanLII), per Topolniski J
AB SC 3 years imprisonment beating of victim, causing broken bones in face, wired jaw shut.
R v Smart and Camilleri,
2013 ONSC 600 (CanLII), per Molloy J
ON SC 90 days jail beating at a dance club, broke victim's jaw
R v Brethour,
2013 ONSC 1167 (CanLII), per Beaudoin J
ON SC 3 years imprisonment
R v Laliberte,
2013 SKQB 25 (CanLII), per Mills J
SK SC 18 months offender facilitated the escape of the perpetrators of a beating
R v Johnson,
2012 CanLII 42709 (NLPC), per Hyslop J
NL PC 23 months serious beating, broken limbs
R v Saraj,
2012 ONSC 4339 (CanLII), per R Smith J
ON SC 3 years imprisonment beat a taxi driver with a pipe and fists
R v Elson,
2012 ABPC 88 (CanLII), per Van de Veen J
AB PC 30 months offender beat victim to unconsciousness
R v DeSilva,
[2010 OJ No 4862 (SCJ) {{{3}}}]
ON SC 2 years less a day incarceration 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
MB CA 5.5 years imprisonment punches to face causing permanent disability
R v Desjarlais,
2009 MBPC 45 (CanLII), per Lismer J
MB PC 2 years imprisonment MB
R v Sidhu,
2005 BCCA 178 (CanLII), per Southin JA
BC CA 3 years imprisonment punch and stomp to head after unconscious
R v Irwin,
2004 BCCA 433 (CanLII), per Lowry JA
BC CA 1 year incarceration kick him and stomp victim into unconsciousness
R v Moroz,
2003 ABPC 5 (CanLII), per Bridges J
AB PC 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
BC SC 8 years imprisonment victim beaten by gang, put in vegetative state.
R v Dunn,
2002 CanLII 53265 (ONCA), per Weiler JA
ON CA 9 years imprisonment attack until unconscious; long record of violence
R v DL,
[2002 BCJ No 1987 (SC) {{{3}}}]
BC 6 to 7 years random beating
R v MacLeod,
1999 BCCA 420 (CanLII), per MacKenzie JA
BC CA 3 years imprisonment brutal beating and sexual assault

Shooting

Case Name Prv. Crt. Sentence Summary
R v Michael Larmond,
2011 ONSC 7170 (CanLII), per Belobaba J
ON SC 7 years imprisonment accused shoots victim while collecting a drug debt
R v Marsh,
2017 CanLII 84460 (NLSCTD), per Goodridge CJ
NL SC 12 years imprisonment (global)
5 years imprisonment (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 Prv. Crt. Sentence Summary
R v Nyoni,
2017 BCCA 360 (CanLII), per Newbury JA
BC CA 11 years imprisonment The offender had unprotected sex with three women while HIV/AIDS positive, infecting all of them.
R v Phelan,
2012 CanLII 36207 (NLSCTD), per Dymond J
NL SC 30 months infected victim with HIV

See Also


Animal Cruelty

Case Digests

Case Name Prv. Crt. Sentence Summary
R v Camardi,
2015 ABPC 65 (CanLII), per Gaschler J
AB PC 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
AB PC 90 days jail 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
BC PC 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
BC PC fine and probation unnecessary suffering to 9 dogs
R v Connors,
2011 BCPC 24 (CanLII), per Quantz J
BC PC 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
ON PC 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 (ONCA), 176 CCC (3d) 209, per Doherty JA
ON CA 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 "The Court of Appeal upheld a sentence of twelve months for an indigenous man who texted his partner his intention to burn down the home he shared with her and then did so despite being on a recognizance barring him from having contact with her and from consuming alcohol. Their home, was destroyed, damaging a third party’s property as well. The accused appealed and argued that the Court did not give effect to the principles of Gladue. The minority concurring judgment was specifically rejected by the majority."
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. "Mr. Hemmerling was sentenced to two years’ less a day plus three years’ probation for causing damage by fire to a dwelling house. He had threatened to hurt someone and to destroy his niece’s rental home (where he had been living) and to “take some cops down”. He was intoxicated. Prior to setting the fire, he used knives and threats of a shotgun to keep the police at bay. Police retreated and evacuated neighbours. Police made several attempts to apprehend him. He raged against police and family. He tried to induce the police to shoot him by pretending to grab guns. A taser was deployed but he shook that off. He said that he wanted to kill those would attempt to rescue him. Police extinguished the first and second fires he set but he set another. Police attempted to rescue him from the burning building. He continued to threaten to kill them and called them to come in. One officer tried to pull him through a window but he threatened to stab that officer. He was eventually rescued by police just as the residence collapsed and taken to the psychiatric ward where he continued to threaten police. The home-owners were denied insurance coverage over $5,000 because the accused was a tenant. The financial loss was devastating (approximately 150,000) to the owners one of whom was a retired pensioner. The accused had a good childhood but at age 13, began smoking marihuana and skipping school. He left after Grade 8 or 9. His record included an assault of his 10 year old daughter. He had a long period of stability after attending Miracle Valley Treatment Centre in 2005 to 2014. He volunteered for the Salvation Army and was a valued member of their team until he moved out of town and returned to alcohol and drug use. A month before the offence, he voluntarily admitted himself to the psychiatric ward. He had a long history of mental health issues and his current diagnoses were alcohol use disorder, marihuana use disorder (in remission for 25 years), and personality disorder (mixed features: borderline, dependent, antisocial features). He did not have a major mental disorder but rather an “immature personality organization and alcohol addiction”. The Accused was willing to attend a residential addictions recovery program and a bed was available. The Court concluded that Mr. Hemmerling’s actions were not caused by mental illness but rather by alcohol consumption and thus his moral culpability was not reduced by virtue of his mental health issues. A primary aggravating feature was the ongoing confrontation with police and continued efforts to set the house on fire. His stated intention to put police at risk was a significantly aggravating factor."
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 Berg,
2016 BCPC 379 (CanLII), per Gaffar J
BC PC 3.5 years "Mr. Berg received three and one half years less credit for time served for one count of arson that destroyed an occupied residence and one year concurrent for threatening to commit that arson. The offences targeted his ex-girlfriend. Her home was set alight in the middle of the night and was a total loss and neighbouring properties were damaged and had to be evacuated. Luckily, all the occupants escaped. His conduct was “significantly fuelled by alcohol” and was impulsive. He was remorseful and open to staying at a treatment facility. He frequently missed probation appointments. He had a difficult childhood marred by parental alcoholism and physical discipline. He dropped out of school in Grade 6 after experiencing significant physical and emotional abuse at the hands of his teachers. He worked as a mechanic for approximately 25 years before suffering severe head injuries and degenerative disc disease. He began drinking alcohol at age 11 and had been hospitalized on a psychiatric ward. Alcoholism and depression plagued his life. He was an angry person and that anger was out of control at the time of the offence. Mr. Berg was diagnosed with borderline personality disorder and anti-social personality disorder. He was assessed to be at high risk to engage in future violence and his mood difficulties, personality traits, impulsivity, poor distress tolerance, and substance use and lifestyle “generates situations where poor outcomes are more likely to take place” including risk to unintended targets. Custody provided more structure for him and without “genuine engagement in treatment programs, little long-term change” was expected. After a review of analogous cases, the court found the range to be between eighteen months and five years (at para. 38). Denunciation, specific and general deterrence, and rehabilitation were required. But for his health problems and initiative to identify and treat them, his sentence would have been higher. " [54]
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 "The Court of Appeal upheld a sentence of two years less a day for a 47 year old man who had a long history of mental illness and substance abuse and who had an extensive criminal record sporting 28 convictions in the preceding seven years. The Accused had just been released from Kamloops Regional Correctional Centre seven days earlier. He burned down a camper owned by his father but which he sometimes used. The fire spread to another motorhome owned by farm workers and caused damage to a nearby vehicle. He warned his family sleeping in an adjacent house because he did not want anyone harmed. No one was injured. The Accused had been drinking all day when he set the fire and it was his intoxication and not his mental illness which caused him to commit the offence. The Accused sought a sentence of five months. The Court determined that the two year-less-a-day sentence was not “a substantial and marked departure from sentences customarily imposed on similar offenders in similar circumstances” as the offence was very serious and had potential for “erratic and unforeseen consequences”."
R v Crocker,
2013 CanLII 71 (NLSCTD), per Seaborn J
NL SC 3 years imprisonment
R v Augustine,
2012 NBCA 7 (CanLII), per curiam
NB CA 5 years imprisonment 433 arson causing fire to dwelling, one attempt
R v Fitzgerald,
2010 NSPC 73 (CanLII), [2011] NSJ 718, per Whalen J
NS PC 5 years imprisonment 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 imprisonment 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 incarceration 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 imprisonment arson by negligence, house burned down, set up as meth lab
R v BRS,
, [2011] O.J. 4273 (C.J.)(*no CanLII links)
ON PC 2 years less a day "The court imposed a sentence of two years less a day plus probation for three years after a guilty plea to arson with knowledge that the property was occupied, possession of incendiary material, mischief over and under $5000 and breach of probation. On the first occasion, the Accused splashed turpentine on his walls and threatened to light it on fire. Two days later, he punctured an aerosol can and sprayed the contents on his bed and lit it afire. He alerted the other residents and fled. The property was a total loss ($210,000). No one was injured. He had a significant criminal record. He had a chaotic childhood marred by parental drug use and violence which led to CAS involvement and a Big Brother who sexually abused him. He left home as soon as he could to live on the streets where he became involved in drug use and crime. He has not received counselling for his problems. He had little insight into his problems but clearly needed professional help. Until he gets that help, he poses a significant threat to society." [55]
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 incarceration age 28, found guilty of 434 at trial, set fire to SUV, vehicle exploded, accused injured. no remorse. no record, illegally in Canada. {{{5}}}
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 imprisonment 4 counts of counselling to commit arson (unspecified)
CanLIIR-S Doucet 1vlpf 2008 ONCJ 267 (CanLII) {{{5}}}
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 BCPC 473 (CanLII), [2007] BCJ 2978, 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 incarceration set fire to trunk in trailer during domestic dispute, also sentenced for domestic assault
R v Klair,
2004 CanLII 8965 (ONCA), [2004] OJ No 2320, per Sharpe JA
ON CA life
R v Hirnschall,
2003 CanLII 46450 (ONCA), [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 imprisonment 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 "The Accused was sentenced for arson to a Quonset hut and for possession of stolen property after trial to two years less one day plus probation for three years. The accused flicked a cigarette recklessly causing the fire which destroyed the hut. The hut was next to a residence. He had a record which included the manufacture and exploding of a pipe bomb. He was diagnosed as a pathological fire-starter. He had problems with alcohol and psychological problems. The court’s primary task was to protect the public. The range identified was two to three years." [56]
R v Fox,
2002 CanLII 41943 (ONCA), , (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 Makinaw,
, [2002] A.J. 1529 (P.C.)(*no CanLII links)
AB PC "The Accused received a nine month sentence after guilty plea for setting two fires to a hotel knowing it was occupied. Counsel had made a joint submission for a conditional sentence for eighteen months. The court concluded that a conditional sentence was not appropriate. The Accused was intoxicated and had stacked up material in the hallway which he lit to keep warm. The sprinkler system activated. The fires caused $800 damage. The Accused was a 28 year old indigenous male. His criminal record included one theft and one impaired driving conviction for which he was received probation and was fined." [57]
R v Rowsell,
2002 CanLII 54000 (NLSCTD), [2002] NJ No 73, per Leblanc J
NL 2 years less a day incarceration 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 imprisonment 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 BCSC 1689 (CanLII), [2001] BCJ No 2578 (BCSC), per McEwan J
BC SC 6 years imprisonment 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 BCCA 580 (CanLII), [2000] BCJ No2207, per Southin JA
BC CA 6 years imprisonment 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 (CA), 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 Campeau,
, [1999] O.J. 2415 (CA)(*no CanLII links)
ON CA 18 months "The Ontario Court of Appeal upheld an 18 month sentence after trial on defence appeal for an accused who poured gas on the porch of a home which was occupied by sleeping adults and children. The conduct was deliberate and required some planning and placed a number of lives at risk. The accused was not a first offender and had no remorse or contrition."
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 BCCA 481 (CanLII), [1999] BCJ No 1912, per Finch JA
BC CA 4 years imprisonment burned down his residence after being asked to leave
R v McBurney,
1998 CanLII 5141 (BCCA), [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 (CA)(*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 CanLII 1774 (ONCA), 123 CCC (3d) 353 (ONCA), per Finalyson JA
ON PC 2 years imprisonment 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 CanLII 2310 (BCCA), 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 CanLII 3965 (NSCA), [1994] 95 CCC (3d) 255 (NSCA), per Jones JA
NS CA 3 years imprisonment 433(a);set fire to condo complex
R v Wattenberger,
1994 CanLII 240 (ABCA), (1984), 56 A.R. 238 (CA), 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),
{{{2}}}(*no CanLII links)
NS CA 5 years imprisonment 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 CanLII 5382 (NB CA), [1993] NBJ No 658, per curiam
NB 12 years imprisonment 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 Prv. Crt. Sentence Summary
R v JA,
2017 ONSC 525 (CanLII), per O'Marra J
ON SC 10 years imprisonment "J.A. was found guilty by a jury of the second degree murder of his six-year-old daughter and the attempted murder of his seven-year-old son. Following the dissolution of his marriage, J.A. was suicidal. He attended at the school of the two victims, telling officials the children had medical appointments to attend. That was not true. He picked up some alcohol and sleeping medication before attending at a hotel. He gave each child some sleeping medication and sparkling wine. Eventually, the police were alerted when the two children did not return from school. When the police arrived at the hotel room, one child was unconscious (and eventually died). The other was drowsy. The cause of death was the combined toxicity of the sleep medication combined with alcohol. On the count of murder, J.A. was imprisoned for life with parole eligibility set at 18 years. He was given a concurrent sentence of 10 years for attempted murder." [58]
R v Kormendy,
2017 ONSC 6426 (CanLII), per Bondy J
ON SC 20 years imprisonment (global) "Mr. Kormendy was convicted of, amongst other things, three counts of attempted murder by arson. Mr. Kormendy was in a romantic relationship with one of the victims. They were living together in Windsor, Ontario with her three children. Two of the children were also victims in the arson, a seven-year-old daughter and a one-year-old-daughter. The third escaped the consequences of the arson because she was not home at the time. The fire was started because the victim had asked Mr. Kormendy to leave the home. He poured gasoline around the room and on the outside of the door where she was sleeping with her 7-year-old daughter. He also poured gasoline on the beds. By pouring gasoline around the door, Mr. Kormendy essentially trapped the two victims in the room by fire. Despite the screams of his victims after the fire started and the rooms being engulfed in flames, Mr. Kormendy did nothing to help his victims. During the sentencing proceeding, Mr. Kormendy demonstrated little insight into his behaviour." [59] The Court of Appeal increased the sentence from 11 years to 20 years.
R v Forcillo,
2016 ONSC 4850 (CanLII), per Then J
ON SC 6 years imprisonment A mandatory minimum of 5 years applied.
R v Hoare,
2016 ONCJ 36 (CanLII), per Wadden J
ON PC 11 years imprisonment The offender assaulted he spouse with a baseball bat. He had no criminal record.
R v Koopmans,
2015 BCSC 2120 (CanLII), per Maisonville J
BC SC "[A] 51-year-old man without a criminal record was convicted of two counts of second degree murder and one count of attempted murder. In that case, the Crown emphasized that there were factors indicating forethought and premeditation. There were multiple victims and the killings were execution style. The victims were ambushed in their residence. The offender brought a loaded gun to the scene. The Crown sought consecutive sentences. Madam Justice Maisonville imposed concurrent periods of 22 years of parole ineligibility for each of the convictions of second degree murder." [60]
R v Edwards,
2015 ONSC 3308 (CanLII), per Donohue J
ON SC 9 years imprisonment "Mr. Edwards was convicted of two counts of attempted murder. On the day in question, Mr. Edwards became frustrated and angry because his job prospects were limited and he had run out of cigarettes and alcohol. He had attended a social at the Canadian Mental Health Association but was picked up by his father because he was being disruptive. At the time of the offences, he had been under medical care for his mental health for some time. At approximately 6:40 p.m. that day, Mr. Edwards approached a neighbor, Mr. Singh, suggesting they talk. Mr. Edwards pulled out a knife and tried to stab him. Mr. Singh was able to get away. Shortly thereafter, Mr. Edwards approached another neighbor who was walking home from work. Mr. Edwards stabbed him in the back with a kitchen knife. Considering all principles, the trial judge sentenced Mr. Edwards to 9 years’ imprisonment." [61]
R v McArthur,
2013 SKCA 139 (CanLII), per Lane JA
SK CA 17 years imprisonment use of a firearm. Declared Long-Term Offender.
R v Postma,
2013 ONSC 7218 (CanLII), per Ricchetti J
ON SC 11 years imprisonment "Ms. Postma attempted to murder her daughter. At that time, she had separated from her husband and had four daughters. The victim was the youngest. Ms. Postma became distraught after the separation. When Ms. Postma went to visit her daughter (the victim), she slit her throat. The victim ran from her mother as she was being chased. Eventually, the police arrived. There is no explanation as to why Ms. Postma attempted to murder her daughter. There was no evidence of a mental disorder. She was 48 years of age at the time of the offence and had no criminal record. The court imposed an 11-year sentence." [62]
R v Hanishewski,
2013 SKPC 89 (CanLII), per Koskie J
SK PC 9 years imprisonment
R v Adamson,
2013 ONSC 2365 (CanLII), per Gray J
ON SC 13 years imprisonment "While the victim was sleeping in her home, Mr. Adamson entered and crept upstairs to her bedroom. He approached her, punched her in the head and when asked why he was doing this, he responded, “I’m sorry”. He rolled her onto her back and put a gloved hand over her mouth. He pulled out a knife and began to slit her throat saying, “I love you”. The victim screamed and Mr. Adamson fled. Mr. Adamson was the victim’s boyfriend and the father of the child she was carrying at the time. Mr. Adamson denied, to a judge and jury, that he was the perpetrator of these offences. He was found guilty. The Court of Appeal found that the sentence of 13 years was justified." [63]
R v Pyke,
2013 NSCA 61 (CanLII), per MacDonald CJ
NS CA 5 years imprisonment victim stabbed several times by a gang of offenders.
R v Bulat,
2013 ONSC 4513 (CanLII), per Bondy J
ON SC 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
SK SC 16 years imprisonment attempted to kill wife
R v Vukaj,
2013 BCSC 79 (CanLII), per Griffin J
BC SC 14 years imprisonment (attempt)
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
ON SC 10 years imprisonment stabbing; also convicted of 2nd degree murder
R v Smith,
2012 NSCA 37(*no CanLII links)
NS CA 14 years imprisonment 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
MB CA 14 years imprisonment 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
ON SC 16 years imprisonment 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
AB PC 2 years imprisonment
R v Chevers,
2011 ONCA 569 (CanLII), per curiam
ON CA 15 years imprisonment 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
NS SC 15 years imprisonment joint recommendation
R v Leblanc,
2011 NSCA 60 (CanLII), per Fichaud J
NS CA 16 years imprisonment 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 v Valentine-Remy,
2011 QCCQ 10060 (CanLII), per Morin J
QC PC 9 years imprisonment Offender stabbed victim 5 times perforating heart and liver. Offence was in retaliation and impulsive.
R v Belisle-Taylor,
2011 NSSC 159 (CanLII), 955 APR 146, per Duncan J
NS SC 10 years imprisonment
R v Botelho,
2010 ONCA 497 (CanLII), per curiam
ON CA 8.5 years imprisonment "Mr. Botelho had engaged in a history of violent behaviour toward the complainant. He had two convictions for domestic assault. The last one involved the same complainant. In breach of his terms of bail, and after having consumed alcohol, Mr. Botelho stabbed the complainant numerous times in a vicious attack. But for immediate medical attention, the complainant would have died as a result of the injuries inflicted by Mr. Botelho. He did not accept responsibility for his conduct and maintained that the injuries were caused by accident. As such, the Court of Appeal found that he continued to be a danger to society. The Court held that, “In these circumstances, a sentence of eight and a half years for the offence of attempted murder is the lowest sentence that in our view, could be considered fit.” "[64]
R v KG,
2010 ONCA 177 (CanLII), per curiam
ON CA 14 years imprisonment 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
ON CA 15 years imprisonment 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
ON CA 13 years imprisonment Shooting at a nightclub.
R v Kipp,
2010 BCSC 584 (CanLII), per Joyce J
BC SC 11 years imprisonment 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
ON SC 12.5 years imprisonment 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
ON CA 10 years imprisonment
R v Brown,
2009 ONCA 563 (CanLII), per curiam
ON CA 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
ON CA 12 years imprisonment 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
ON CA 10 years imprisonment 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
ON CA 15 years imprisonment "Mr. Tan pleaded guilty to attempted murder, forcible confinement, robbery and sexual assault. He was given a 15-year sentence. He appealed. At the time of the offences, Mr. Tan was 34 years of age and unemployed. The victim was a university student. They knew each other through a mutual friend. After moving the victim from her apartment and while in the car, Mr. Tan suggested that the victim break up with her boyfriend. When she declined to do so, Mr. Tan became enraged. Eventually, he bound and gagged her. He made her lie down in the car and brandished a knife. He collected a tarp and some clothing. He drove three hours to a friend’s cottage in Bancroft, Ontario where he sexually assaulted her. He put her in a chokehold and told her that he was going to kill her. He slit her throat and stabbed her, causing a collapsed lung. He asked the victim about her bank accounts and obtained her PIN number. He took her identification documents, including her passport. He covered her with the tarp and she lost consciousness. He dragged her 40 feet into the bush, covered her with dirt, leaves and the tarp. He left her to die but she did not. Eventually, the victim struggled to the main road where she was assisted. Her injuries, both physical and psychological, were devastating and permanent. The sentence of 15 years was upheld by the Court of Appeal." The Court of Appeal "held that a 15-year sentence for a first offender who entered a guilty plea and expresses remorse was high. However, it held that the sentence was justified for a number of reasons, including: the domestic context of the offence, the specific intent to kill, the elements of planning and deliberation, the length of the attack, the concealing of the body and identity of the victim, the fact that the victim was left to die and the serious physical and psychological injuries on the victim." [65]
R v Ljeskovica,
2008 CanLII 63569 (ONSC), [2008] OJ No 4935 (SCJ), per Trotter J
ON SC 8 years imprisonment The offender struck the victim's girlfriend, causing a short fight between the men. The offender left shortly after stating "I’m coming back and kill you." The offender returned to the victim's residence that evening. Almost immediately upon entering the offender stabbed the victim with a knife. There was a scuffle and the offender fled. The victim suffered "two stab wounds to his chest, two stab wounds to his back and another to his leg." The offender pled guilty. He was 29 years old and had immigrated from Macedonia at age 15. He had no prior record and was remorseful. He had a problem with alcohol and used drugs. On the night of the incident, the offender had been drinking "a lot".
R v Thiara,
2008 BCSC 1414 (CanLII), per BJ Brown J
BC SC 10 years imprisonment offender shot victim twice over a drug debt.
R v McDonald,
[2007] OJ No 3859 (SCJ)(*no CanLII links)
ON SC 11 years imprisonment Offender attempted to kill common law partner and daughter using a hammer. The 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
AB CA 17 years imprisonment Offender attempted to shoot family member in head.
R v Payne,
2006 CanLII 11912 (ONSC), ,
, per Kiteley J
ON SC 7 years imprisonment Domestic offence.
R v McArthur,
2004 CanLII 8759 (ONCA), 182 CCC (3d) 230 (Ont CA), per Doherty JA
ON CA life The victim was a peace officer.
R v Champagne,
2002 CanLII 22947 (ONCA), ,
, per curiam
ON CA 12 years imprisonment _
R v Ahmed-Saidi,
2001 CanLII 24100 (ONCA),
, per curiam
ON CA 8.5 years imprisonment
R v Edwards,
2001 CanLII 24105 (ON CA, per Rosenberg JA
ON CA 8 years imprisonment 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
BC SC 10 years imprisonment shooting between drug dealres

1980 to 1999

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

Murder for Hire

Case Name Prv. Crt. Sentence Summary
R v Tokhi,
2014 ONSC 3142 (CanLII), per Molloy J
ON SC 4.5 years imprisonment Wife hired hitman to kill husband.
R v Cheema,
2003 BCSC 2071 (CanLII), per Baker J
BC SC 6 years imprisonment 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)
ON PC 3 years imprisonment wife in dispute with husband over children. The offender had a long history of depression and suicide attempts. The victim was a member of an outlaw biker gang.
R v Dos Santos,
[1998] OJ No 6290 (O.C.J.Gen.Div.)(*no CanLII links)
ON 5.5 years imprisonment 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 CanLII 1879 (BCCA), [1995] BCJ No 2209 (BCCA), per Donald JA
BC CA 7 years imprisonment 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.
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
Offence
Section
Offence
Type
Crown Election Defence Election
s. 536(2)
Preliminary Inquiry
s. 235 [first or second degree murder] Indictable Offence(s) X Mark Symbol.png OK Symbol.png OK Symbol.png (life max)

Offences under s. 235 [first or second degree murder] 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 Serious Criminality
Offence
s. 36 IRPA
s. 235 [first or second degree murder] OK Symbol.png OK Symbol.png (primary) OK Symbol.png X Mark Symbol.png OK 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


Note up: 229

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.
[omitted (3), (4), (5), (6), (6.01), (6.1) and (6.2)]

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


Note up: 231(1) and (27)

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


Note up: 235(1) and (2)

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
[omitted (d)]

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


Note up: 745

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
235 "..., contrary to section 235 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), per Lamer CJ -- found s.230 (constructive murder) unconstitutional
    R v Sit, 1991 CanLII 34 (SCC), per Lamer CJ
  2. R v Vaillancourt, 1987 CanLII 2 (SCC), 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), per Cory J, at para 17
  2. R v Harbottle, 1993 CanLII 71 (SCC), per Cory J at 323
  3. see s. 469 and Election

Causation

See Causation of Death

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 had actual subjective forsight of 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]

Section 229(b)

Section 229(b) has the same requirements as s. 229(a) except that it applies where the conduct and intent was directed at a third party and the victim was killed by accident or mistake. This effectively creates a form of transferred intent for murder.

  1. R v Vaillancourt, 1987 CanLII 2 (SCC), per Lamer J
  2. R v Cooper, 1993 CanLII 147 (SCC), per Cory J
  3. R v Marshall, 1986 CanLII 4617 (NSCA), (1986) 25 CCC (3d) 151 (NSCA), per Clarke JA
  4. R v Prevost, 1988 CanLII 7058 (ON CA), 42 CCC (3d) 314 (ONCA), per Zuber JA
  5. R v Rodgerson, 2014 ONCA 366 (CanLII), per Doherty JA, at para 24 ("The impugned instruction was given in the course of the trial judge’s description of the elements of self-defence, although a similar brief passage also appears in his instructions on intoxication. However, in the part of the instruction dealing specifically with the state of mind required for murder, the trial judge on at least three occasions correctly set out the foreseeability requirement in s. 229(a)(ii), telling the jury that the Crown had to prove that the appellant foresaw Ms. Young’s death as the probable consequence of his assault on her.")
    Vaillantcourt, supra, at para 11 ("Here again the accused must have actual subjective foresight of the likelihood of death. However, the Crown need no longer prove that he intended to cause the death but only that he was reckless whether death ensued or not. It should also be noted that s. 212(a)(ii) is limited to cases where the accused intended to cause bodily harm to the victim.")
  6. Rodgerson, ibid., at para 23

Planned and Deliberate (s. 231(2))

Murder by Unlawful Act or Object (s. 229(c) and 231(3) to (6))

Lesser Included Offences

See also: Lesser Included Offences

662
[omitted (1)]

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.
[omitted (4), (5) and (6)]
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


Note up: 662(2) and (3)

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

Res Judicata

Circumstances of aggravation

610
[omitted (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 mansl