Making Child Pornography (Sentencing Cases)
| This page was last substantively updated or reviewed July 2023. (Rev. # 96859) |
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Offence Wording
163.1
[omitted (1)]
- Making child pornography
(2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.
[omitted (3), (4), (4.1), (4.2), (4.3), (5), (6) and (7)]
1993, c. 46, s. 2; 2002, c. 13, s. 5; 2005, c. 32, s. 7; 2012, c. 1, s. 17; 2015, c. 23, s. 7.
April 2020 to present
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v CB, 2024 ONCA 160 (CanLII), per van Rensburg JA | ON  |
CA | "the 18-year-old first offender had pleaded guilty to one count each of making child pornography, distributing child pornography and voyeurism. The offences took place at her home, where her mother ran a daycare. She and her “internet boyfriend” instructed a five-year-old child to remove his clothing. C.B. took photos and sent them to her boyfriend. She directed the child so the pictures could be taken. Additional images, including of another child, were found on the offender’s phone when she was arrested. The offender’s boyfriend was arrested on these charges in the United States and faced a significant sentence. The offender had been abused as a very young child and had significant mental health issues. She accepted responsibility for her actions. The trial judge imposed an 18-month sentence. In upholding the sentence, the Court of Appeal for Ontario noted that this was a significant sentence for someone of the offender’s age. The court reiterated that Friesen recognizes that sentencing judges retain discretion to consider factors mitigating moral culpability and to accord significant weight to other sentencing objectives, including rehabilitation." [1] Find summaries of case. | |
| R v Roy, 2023 ABCJ 262 (CanLII), per Stirling J | AB  |
PC | Find summaries of case. | |
| R v Schofield, 2023 MBKB 127 (CanLII), per Harris J | MB  |
SC | 3 years imprisonment (making) 3 years imprisonment (poss'n) 5 years imprisonment (luring) DNA, SOIRA (20) Section 161 order 109 weapons order |
Find summaries of case. |
| R v KM, 2022 BCSC 360 (CanLII), per Donegan J | BC  |
SC | 30 months imprisonment (making) 6 months imprisonment (voyeurism) |
"Justice Donegan imposed a sentence of 30 months for making child pornography and six months for voyeurism after a guilty plea. K.M. was the roommate of the 15‑year‑old victim's mother. He set up cameras to surreptitiously record the victim in the bathroom. He did so over a period of a year or more. K.M. suffered from substance abuse. He conceded that he was in a position of trust as an adult in the household where his victim lived. He expressed remorse. He undermined his expression of remorse by blaming his victim, claiming she flaunted her body. His psychologically‑assessed risk to reoffend was rated as between moderate and high." (Quoting from R v Taber, 2022 BCSC 652 (CanLII)) Find summaries of case. |
| R v Millan, 2022 MBPC 1 (CanLII), per Devine J | MB |
PC | 3.5 years imprisonment | Find summaries of case. |
| R v MM, 2022 ONCA 441 (CanLII), per curiam | ON |
CA | 15 months imprisonment | "The Ontario Court of Appeal allowed a Crown appeal from a 15-month conditional sentence imposed on an offender convicted of possessing and making child pornography. The complainant was 15. She sent him images of her breasts which he admitted to possessing. He sent her images of his penis. They agreed that when she turned 16, they would meet and have sex. She was the foster daughter of his aunt. The Court of Appeal found that a 15-month carceral sentence would have been appropriate." (Quoting from R v Borchert, 2023 ABKB 647 (CanLII)) Find summaries of case. |
| R v Massey, 2021 ABQB 146 (CanLII), per Burrows J | AB |
SC | 3 months imprisonment | "the first-time offender was sentenced to three months imprisonment for making child pornography in the context of online chats advocating illegal sexual activity with a minor, an undercover police officer, who the offender believed was a 13-year-old child. There were various mitigating factors at play in that case and the Crown had conceded that the mandatory minimum sentence was unconstitutional as a result of Esposito and advocated for a sentence of nine to 12 months, followed by probation." [Source] Find summaries of case. |
| R v Bruneau, 2021 MBPC 65 (CanLII), per Pollack J | MB |
PC | 2 years imprisonment (disobey) 3 years imprisonment (attmpt. making) |
Find summaries of case. |
| R v CM, 2021 ONCJ 472 (CanLII), per Pratt J | ON |
PC | 4 years imprisonment | Find summaries of case. |
| R v Walker, 2021 ONSC 837 (CanLII), per Fowler Byrne J | ON |
SC | "the offender was found guilty after trial and was sentenced on the offences of possessing (s. 163.1(4)) and making child pornography available (s. 163.1(3). He was 46 years of age at the time of sentencing, with a steady work history, no criminal record and significant community support. Mr. Millan is similarly aged, has a steady work history, but limited, if any, community support and a related record of three sexual offences. He pleaded guilty, albeit after challenging the warrant. Mr. Walker’s “collection” involved 43 videos and 17 images of children between the ages of three and 14 years old, involving penetration by adults and some additional egregious acts not present in this case. Justice Fowler Byrne applied the list of six “significant factors” outlined in Friesen for determining a fit sentence for child sexual abuse offences. She found that the offender presented no evidence that he was a low risk to reoffend, that there was no breach of trust, that his file-sharing allowed for unlimited frequency of the children in the videos and images being re-victimized by other watchers, that the young ages of some of the victims was extremely aggravating, that the types and nature of the acts perpetrated against the children were extremely violative and aggravating, and that there was an absence of victim participation. The circumstances of the offences in Walker are more aggravating than in Mr. Millan’s case, in terms of the existence of video, and the nature of the acts perpetrated on the children. A sentence of two years was imposed for the possession of child pornography and a concurrent three years for the offence of making pornography available." (Quoting from R v R v Millan, 2022 MBPC 1 (CanLII)) Find summaries of case. | |
| R v Murty, 2021 ONSC 2801 (CanLII), per Kelly J | ON |
SC | 3 years imprisonment | "the offender, who was approximately 50 years old, pleaded guilty and was sentenced for possession of child pornography and making child pornography available. He was trading and streaming child pornography and providing others access to an online conference room where the host could stream video. He was communicating with individuals in the “conference room” including an undercover police officer. The collection was large: 1770 images and 832 videos many in plain sight, and several more hidden. The victims were mainly boys and babies under the age of 12, many of them toddlers and babies, with anal and oral sex inflicted on them. The size of the collection was much larger than the collection in Mr. Millan’s case. The offender was raised by his biological parents and was the middle child of three; his parents did not accept his sexual orientation when he told them at the age of 16 that he was gay. It appeared to have impacted him profoundly. He was diagnosed as suffering from anxiety disorder and persistent depressive disorder by the psychiatrist who assessed him for the sentencing. He had previously attempted suicide three times. He was underemployed and then unemployed. He denied many aspects of the offences and being sexually attracted to children. He was diagnosed as pedohebephilic (sexual interest in prepubescent children). He lived without support and was a recluse. He did not have a criminal record. The Court relied on Friesen and R. v. Inksetter, 2018 ONCA 474 in imposing the sentence of three years concurrent on each of the offences." (Quoting from R v R v Millan, 2022 MBPC 1 (CanLII)) Find summaries of case. see also |
| R v Wood , 2021 NSSC 253 (CanLII)}, per Muise J | NS  |
SC | 4 years, 7 months (global) 1 year (making) |
Find summaries of case. |
| R v Claveria, 2021 ONCJ 348 (CanLII), per Chamerlain J | ON |
CJ | 7.5 years imprisonment | Find summaries of case. |
| R v RH, 2021 ONCA 236 (CanLII), per curiam | ON |
CA | 6 years imprisonment | Find summaries of case. |
| R v AAJT, 2021 MBQB 3 (CanLII), per Rempel J | MB |
SC | 22 years (global)[1] | Find summaries of case. |
| R v Kimberley, 2020 ONCJ 375 (CanLII) | ON |
PC | Find summaries of case. | |
| R v Joseph, 2020 ONCA 733 (CanLII), per curiam | ON |
CA | Find summaries of case. see also | |
| R v MB, 2020 ONSC 7605 (CanLII), per McArthur J | ON |
SC | 2 years (making) 3 years (avail) 2 years (poss'n) |
Find summaries of case. |
| R v Esposito, 2020 ABQB 318 (CanLII), per Gates J | AB |
SC | "41-year old offender entered guilty pleas to making and possessing child pornography. The possession conviction was later stayed. The offender presented with significant cognitive deficits (an IQ of 32) and low social functioning skills after multiple head injuries. He identified and associated with young adolescents living on the street. A two-year conditional sentence order was imposed and the mandatory minimum sentence for creating pornography [section 163.1(2)] found unconstitutional in these “exceptional” circumstances. " see also Find summaries of case. | |
- ↑ after totality
2010 to April 2020 (R v Friesen)
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v SLG, 2019 BCPC 149 (CanLII), per Malfair J | BC |
PC | 14 months imprisonment (global) |
Find summaries of case. |
| R v Chicoine, 2019 SKCA 104 (CanLII), per Ryan-Froslie JA | SK  |
CA | 15 years (global) | The offender pleaded guilty to possession, access, distribution and making child pornography, luring, and conspiracy to commit sexual assault. Find summaries of case. |
| R v Freeman, 2019 ONCJ 721 (CanLII) | ON |
PC | 30 months imprisonment (global) 18 months imprisonment (making) |
|
| R v Jonat, 2019 ONSC 1633 (CanLII), per Dunphy J | ON |
SC | 3 years imprisonment (making) |
Find summaries of case. |
| R v JS, 2018 ONCA 675 (CanLII), per Strathy CJ | ON |
CA | 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. Find summaries of case. |
| R v SCW, 2018 BCCA 346 (CanLII), per Fenlon JA | BC |
CA | 7 years imprisonment | Find summaries of case. |
| R v Bell, 2018 BCPC 187 (CanLII), per Brecknell J | BC |
PC | The case "involved a 36 year-old offender without a criminal record, who pleaded guilty to luring, making child pornography consisting, in part, of written communications, as in this case, and distributing child pornography. There were 110 images and one video in his pornography collection, which demonstrated a similar degree of seriousness as in this case, that is, involving nude pictures of girls made to pose provocatively and girls subjected to penetrative sexual activity, but only one-quarter as many images in number. The offender believed the child he was involved in chatting with on Kik messenger was 14 years old. The content of the conversations was extremely aggravating; they involved a similar theme as the communications by Mr. Millan, that of “incest families”. The Court noted the harm in distributing written pornography, which could incite violence against children, as well as normalize and promote harmful sexual victimization of children. ... the offender did not have a criminal record and was considered a low to moderate risk to reoffend. He was sentenced to two years on the making child pornography offence. " (Quoting from R v R v Millan, 2022 MBPC 1 (CanLII)) Find summaries of case. | |
| R v DM, 2018 ONCJ 423 (CanLII), per Caldwell J | ON |
PC | 6 years imprisonment | Find summaries of case. |
| R v AR, 2018 ONCJ 613 (CanLII), per Latimer J | ON |
PC | 7 months imprisonment (making) |
"Latimer J. imposed a seven month and three month concurrent sentence for making child pornography and possessing child pornography. The child pornography in question consisted of the log of an on-line dialogue conducted via email. The Crown proceeded summarily and the trial proceeded entirely by agreed facts. The judge found that the gravity of the offence warranted a sentence “near or at the bottom of the present range for this form of conduct”." Find summaries of case. |
| R v DF (Firstbook), 2017 ONSC 7785 (CanLII), per Mulligan J | ON |
SC | 4.5 years (poss'n) 2 years (making) |
3,796 images. Made pictures of daughter's genitals. Past conviction for CP. Find summaries of case. |
| R v MS, 2017 ONCJ 479 (CanLII), per Brown J | ON |
PC | 2 years (making), 2 years (distrib.), 2 years (poss'n), and 5.5 years (sex assault), 10 years (global) | Find summaries of case. |
| R v Gardner, 2017 BCPC 85 (CanLII), per Phillips J | BC |
PC | 2 years (making) 2 years (luring) |
see Child Luring (Sentencing Cases) Find summaries of case. |
| R v RJ, 2017 MBCA 13 (CanLII), per Mainella JA | MB |
CA | Find summaries of case. | |
| R v McLean, 2016 SKCA 93 (CanLII), per Ottenbreit JA | SK |
CA | Find summaries of case. | |
| R v DC, 2016 MBCA 49 (CanLII), per Burnett JA | MB |
CA | Find summaries of case. | |
| R v Robinson, 2016 ONCJ 306 (CanLII), per Bishop J | ON |
PC | 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. Find summaries of case. |
| R v GJM, 2015 MBCA 103 (CanLII), per Mainella JA | MB |
CA | 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) |
Find summaries of case. |
| R v Levin, 2015 ONCJ 290 (CanLII), per McArthur J | ON |
PC | 6 months (poss'n) 12 months (making) 18 months (counselling) |
"Benjamin Levin pleaded guilty to possessing and making child pornography, as well as counselling a sexual assault. Mr. Levin posted under a pseudonym in an online chat environment, engaging other users in text-based communications regarding sexual activity with children. Two of these users were police officers, from different jurisdictions, each covertly purporting to be single mothers interested in sexual activity with children. Levin wrote them both material that strongly encouraged sexual abuse of their children, and involved grooming-type instructions to achieve this goal. The facts describe this activity occurring online for over a year. ...Mr. Levin was a sixty-three year old man with no prior record who possessed an “illustrious and distinguished career” in academia and government. He had attended counselling and received a psychiatric assessment following his arrest, and adduced glowing character references from friends, family and his professional community. McArthur J. accepted in her ruling that he was profoundly remorseful for his actions. " (Quoting from R v AR, 2018 ONCJ 613 (CanLII)) |
| Liesiewicz, 2014 QCCA 1673 (CanLII), per curiam |
QC  |
CA | 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. Find summaries of case. |
| R v Brunton, 2014 ONCJ 120 (CanLII), per Harris J | ON |
PC | 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. Find summaries of case. |
| Bertrand, 2014 QCCQ 5233 (CanLII), per Boyer J | QC |
PC | 60 months (global) | 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. Find summaries of case. |
| R v Lauzon, 2014 QCCQ 179 (CanLII), per Parent J | QC |
PC | 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. Find summaries of case. |
| R v R.(M.), , 2014 CanLII 12202 (NLSCTD), per Whalen J | NL  |
SC | 6 months imprisonment | The offender pleaded guilty to making child pornography. Find summaries of case. |
| R v Snook, 2013 NBPC 17 (CanLII), per Brien J | NB  |
PC | 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. Find summaries of case. |
| R v White, 2013 CanLII 9507 (NLSCTD), per Stack JNL |
SC | 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. Find summaries of case.
| |
| R v AM, 2013 ONSC 6174 (CanLII), per Cornell J | ON |
SC | 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. Find summaries of case. |
| R v Logan, 2013 NBPC 6 (CanLII), per Brien J | NB |
SC |
Making (18 months) |
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". Find summaries of case. |
| R v JSM, 2013 ABPC 296 (CanLII), per Ogle J | The offender pleaded guilty to making child pornography. Find summaries of case.
| |||
| R v PM, 2012 ONCA 162 (CanLII), per Rosenberg JA | ON |
CA | 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. Find summaries of case. |
| R v ARC, 2012 ABPC 252 (CanLII), per Johnson J | AB |
PC | 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. Find summaries of case. |
| 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. Find summaries of case. |
| R v Bridgeman, 2011 ONCJ 117 (CanLII), per Harris J | ON |
PC | Poss'n (6 months) luring (18 months) |
Find summaries of case. |
| R v St Michael, 2011 ONSC 449 (CanLII), per Ray J | ON |
SC | 4 years imprisonment (global) 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. Find summaries of case. |
| R v BSM, 2011 ABCA 105 (CanLII), per Cote JA (2:1) | AB |
CA | 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. Find summaries of case. |
| GC, 2011 QCCQ 13551 (CanLII), per LaMontagne J | QC |
PC | 66 months (global) | The offender pleaded guilty to voyeurism, sexual inteference, and making child pornography. Find summaries of case. |
| R v Butler, 2011 NLTD 5 (CanLII), per Goulding J | NL |
SC | 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. Find summaries of case. |
| R v Gilbert, 2011 NBPC 10 (CanLII), per Brien J | NB |
PC | 15 years (global) Seven years (interference) |
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. Find summaries of case. |
| R v Mathieson, 2010 ONCJ 616 (CanLII), per Nadel J | ON |
PC | 16 months (poss’n); 12 months (making) | also charged with making; was found printing images at store Find summaries of case. |
| R v F(DG), 2010 ONCA 27 (CanLII), per Feldman JA | making (?) global (7 years) |
ON |
CA | 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. Find summaries of case. |
| R v LMR, 2010 ABCA 286 (CanLII), per curiam | AB |
CA | 3.5 years (interference) 1 year (making) 1 year (bestiality) |
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| R v PJB, 2010 ABCA 49 (CanLII), per Watson JA (2:1) | AB |
CA | 1 year (making/distrib) | also charged with sex interference--global sentence of 4 years--mother using daughter to make CP for boyfriend Find summaries of case. |
| R v BCL, 2010 BCCA 183 (CanLII), per Mackenzie JA | BC |
CA | 4 years imprisonment | |
| R v PMV, 2010 BCCA 34 (CanLII), per Hall JA | BC |
CA | poss'n (2 years less a day) | Find summaries of case. |
| R v Brandridge, 2010 ONCJ 450 (CanLII), per Blouin J | ON |
PC | 3 years imprisonment (making and poss'n) 2 years (making) 5 years (global) |
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. Find summaries of case. |
| R v BCM, 2008 BCCA 365 (CanLII), per Neilson J | BC |
CA | 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. Find summaries of case. |
2000 to 2009
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Golden, 2009 MBCA 107 (CanLII), per Freedman JA | MB |
CA | 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. Find summaries of case. |
| R v Grant, 2009 BCCA 282 (CanLII), per Donald JA | BC |
CA | 4 months imprisonment | took polaroid photos of 4 year old child, 6 images showed genitals. Find summaries of case. |
| R v DL, 2009 BCPC 267 (CanLII), per Blake J | BC |
PC | 18 months imprisonment | The offender pleaded guilty to making child pornography, sexual interference and sexual assault. Find summaries of case. |
| R v Yarmchuk, 2009 ABPC 155 (CanLII), per Fradsham J | AB |
PC | 90 days | "a father of two pleaded guilty to making child pornography available and received a three-month sentence for distributing written material, purporting to be chat logs between a father and his eleven-year old daughter, in an online forum. This material met the Code definition of child pornography. The sentence imposed was the summary conviction statutory minimum as of 2009. Since that time, Parliament amended the s. 163.1 Code provision and elevated the available sentences. In Inksetter, Hoy A.C.J.O. wrote in paragraph 24 that “Parliament’s legislative initiatives signal Canadians’ concerns regarding the increasing incidence of child pornography. Sentencing decisions that precede these amendments must be viewed with some caution.”" [2] Find summaries of case. |
| R v Smith, 2008 CanLII 59107 (ONSC), per Clark J | ON |
SC | 21 months imprisonment | Find summaries of case. |
| R v Houston, 2008 SKQB 174 (CanLII), 79 W.C.B. (2d) 208 |
SK |
SC | "the offender also pleaded guilty to making child pornography available. He distributed a significant amount of written stories and postings on what was described as a “pedophile website”. He also encouraged other users of the site to do likewise. The sentencing judge imposed a fifteen month sentence of imprisonment, describing Mr. Houston as an “unrepentant… high profile contributor” to a website that encouraged sexual activity with children." [3] Find summaries of case. | |
| R v Pike, 2008 ONCJ 484 (CanLII), 2008 CarswellOnt 6077, per Devlin J |
ON |
PC | 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. Find summaries of case. |
| R v Retulla, 2008 ONCJ 743 (CanLII), per Wong J | ON |
PC | 2 years less a day imprisonment | The offender pleaded guilty to making (x 2) and possession (x 3) of child pornography. Find summaries of case. |
| R v LM, 2008 SCC 31 (CanLII), per LeBel J | SCC | 5 years imprisonment | The offender pleaded guilty to possession and distribution of child pornography. He was found guilty of making child pornography and sexual assault. Find summaries of case. | |
| R v WD, 2008 ABPC 290 (CanLII), per Van de Veen J | AB |
PC | 3 months imprisonment | The offender pleaded guilty to making and possession of child pornography, interference, overcoming resistance, and invitation to sexual touching. Find summaries of case. |
| R v Debidin, 2008 ONCA 868 (CanLII), per Watt JA | ON |
CA | 6 months imprisonment | Find summaries of case. |
| R v BCM, 2008 BCCA 365 (CanLII), per Neilson JA | BC |
CA | 3 years imprisonment | The offender pleade guilty to making and possession of child pornography and sexual interference. Find summaries of case. |
| R v D.(B.), 2008 ONCJ 21 (CanLII), per MacDonnell J | ON |
PC | 2 years imprisonment | The offender pleaded guilty to sexual assault (x 1), making child pornography (x 2), incest (x 1), and exploitation (x 2). Find summaries of case. |
| R v Horvat, 2008 ONCA 75 (CanLII), per curiam | ON |
CA | 18 months imprisonment | The offender was convicted of possession and making child pornography. Affirming 2006 CanLII 25409 (ONSC) Find summaries of case. |
| R v Shablak, 2007 NLTD 37 (CanLII), per O’Regan J | NL |
SC | The offender pleaded guilt to possession (x 2) and making child pornography (x 5). Find summaries of case. | |
| R v AR, 2007 ONCJ 497 (CanLII), per Bourque J | ON |
PC | 18 months + 24 months prob. | 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. Find summaries of case. |
| R v BCM, 2007 BCPC 438 (CanLII), per Challenger J | BC |
PC | 3 years imprisonment | The offender pleaded guilty to possession and making child pornography and sexual interference (x 2). Find summaries of case. |
| R v Fisher, 2007 NBPC 15 (CanLII), per Cumming J | NB |
PC | "Mr. Fisher engaged in a chat with an undercover officer posing as the father of a four-year-old daughter. He asked the officer to perform various sexual acts on the young child and report the details. He also asked if the father would allow him to perform “disgusting and unnatural acts” upon the girl if he were there. Upon his arrest he was found to be in possession of 128 still images and 14 videos of child pornography. The sentencing judge imposed a sentence of 12 months for the counselling and eight months concurrent for the possession of child pornography count." Find summaries of case. | |
| R v Innes, 2007 ABPC 237 (CanLII), per Wheatley J | AB |
PC | 2 years imprisonment | Find summaries of case. |
| R v Clemens, [2006] OJ No 3830 (SCJ)(*no CanLII links) | ON |
SC | 2 years less a day imprisonment | The offender pleaded guilty to possession, distribution and making child pornography and sexual assault. Find summaries of case. |
| R v RAB, 2006 BCPC 367 (CanLII), per Lytwyn J | BC |
PC | 1 year imprisonment | The offender pleaded guilty to possession and making child pornography. Find summaries of case. |
| R v Walsh, 2006 CanLII 7393 (ON CA, per Armstrong JA | ON |
CA | The offender pleaded guilty to distribution and making child pornography. Find summaries of case. | |
| R v L.A.W., 2006 SKPC 98 (CanLII), per Dyck J | SK |
PC | 1 year | 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) Find summaries of case. |
| R v Fulton, 2005 ABCA 423 (CanLII), per Conrad JA | AB |
CA | 14 months imprisonment | The offender pleaded guilty to making child pornography. Find summaries of case. |
| R v LM, 2005 CanLII 39983 (QC CQ), per Wilhelmy J | QC |
PC | 5 years (making) 5.5 years (distrib) 15 years (global) |
The offender was found guilty of making, distributing and possession of child pornography and sexual assault. Find summaries of case. |
| R v Gallant, 2004 NSCA 7 (CanLII), per Cromwell JA | NS |
CA | 2 years (making) 2 years (poss'n) 1 year (sex assault) 1 year (touching) 8 years (global) |
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. Find summaries of case. |
| R v Kasam, 2004 ONCJ 136 (CanLII), per Reinhardt J | ON |
PC | 1 year CSO | The offender pleaded guilty to possession and making child pornography. Find summaries of case. |
| R v GP, 2004 NSCA 154 (CanLII), per Bateman JA | NS |
CA | 6 months (bawdy) 6 months (procure) 6 months (making) 6 months (poss'n) 9 years, 10 months (global) |
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 | ON |
CA | 14 months CSO | Find summaries of case. |
| R v Hunt, 2002 ABCA 155 (CanLII), per curiam | AB |
CA | 15 months imprisonment | 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. Find summaries of case. |
| R v Hardy, 2002 CanLII 40893 (MB PC), per Giesbrecht J | MB |
PC | 1 year imprisonment | The offender pleaded guilty to possession, distribution and making child pornography. Probation for 3 years was ordered. Find summaries of case. |
| R v Hewlett, 2002 ABCA 179 (CanLII), per Fraser CJ | AB |
CA | 3.5 years imprisonment | The offender was found guilty of possession and making child pornography. Find summaries of case. |
| R v H(M), 2002 BCCA 248 (CanLII), per Esson JA | BC |
CA | 9 months CSO | The offender pleaded guilty to sexual assault and making child pornography. Find summaries of case. |
| R v DSM, 2001 BCSC 1295 (CanLII), per Hunter J | BC |
SC | 5 months imprisonment | 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. Find summaries of case. |
| R v Hodgkins, 2001 BCPC 413 (CanLII), per Pothecary J | BC |
PC | 9 months imprisonment | 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. Find summaries of case. |
1995 to 1999
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Caza, 1996 CanLII 8392 (BCCA), per Goldie JA | BC |
CA | 18 months (making) |
|
| R v Jewell, 1995 CanLII 1897 (ON CA), per Finlayson JA | ON |
CA | 5 years (making) 1 year (poss'n) 3 years (counselling) 5 years (global) |
|
| Term | PC | SC | CA | S/S |
| Defined | Provincial Court |
Superior Court |
Court of Appeal |
Suspended Sentence |