Possessing and Accessing Child Pornography (Sentencing Cases)
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2010 to present
| Case Name | Prv | Crt | Sentence | Amount | Summary |
|---|---|---|---|---|---|
| Template:CanLIIS | AB | PC | 18 months | ||
| R v Woolf, 2019 ONCJ 376 (CanLII), per Pringle J | ON | PC | 90 days | ||
| R v Swaby, 2018 BCCA 416 (CanLII), per Bennett JA (3:0) |
BC | CA | Conditional Sentence | "The first offender had 400 videos and 480 images which fell into the category of serious in nature. But he also had significant cognitive impairment and was “child-like” in terms of his intellect, causing his moral culpability for the offence to be reduced. He was schizophrenic, had been diagnosed with major depressive disorder, and had expressed suicidal ideations. There was also psychological opinion evidence that this offender would suffer significant harm from incarceration." The Court found 90-day minimum sentence was unconstitutional. | |
| R v Campbell, 2017 BCPC 313 (CanLII), per Gaffar J |
BC | PC | 10 months imprisonment | ||
| R v Inksetter, 2017 ONCJ 574 (CanLII), per Doody J |
ON | PC | 2 years less a day imprisonment | ||
| R v Tremblay, 2017 BCPC 375 (CanLII), per McKimm J |
BC | PC | 18 months imprisonment | ||
| R v Tulloch, 2017 ABPC 257 (CanLII), per Pharo J |
AB | PC | 18 months imprisonment | ||
| 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 imprisonment | 17 videos | |
| R v TW, 2016 ONCJ 409 (CanLII), per M Green J |
ON | PC | 40 days imprisonment | 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 imprisonment | ||
| R v Wang, 2016 ONSC 5610 (CanLII), , [2016] O.J. No. 5582 (S.C.J.), per Corrick J |
ON | SC | 9 months imprisonment | "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;" [1] | |
| R v Lysenchuk, 2016 ONSC 1009 (CanLII), , [2016] O.J. No. 836 (S.C.J), per Shaw J |
ON | SC | 9 months imprisonment | "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 imprisonment (global, concurrent on each) |
see Making Child Pornography (Sentencing Cases) | |
| R v Gryba, 2016 SKQB 123 (CanLII), per Popescul CJ |
SK | SC | 53 months, less a day | ||
| R v Aharonov, 2015 ONCJ 787 (CanLII), per Brewer J |
ON | PC | 10 months + 3YP (poss'n x2) | 33 unique videos, 515 unique images, all accessible to user. 2096 recovered images. | Co-worker discovers images on the hard drive of offender while at work. Police are called and seized several electronic devices. Judge also ordered DNA, SOIRA for life, and a s. 161 order. |
| R v Burke, 2015 SKPC 173 (CanLII), per Angew J | SK | PC | 3 years, 3 months | The offender plead guilty to possession. The nature of the materials was serious and included "small children be tortured". He was a "sophisticated" used and employed the use of complex encryption to hide his activity. There was evidence of 4,905 files of child pornography being downloaded but only 8 were intact. | |
| R v Robertson, 2015 ONCJ 48 (CanLII), per Baldwin J |
ON | PC | 18 months and probation | 18,556 images, 61 videos (not all categorized) | Also made 161 order. |
| R v JDM (Mack), 2014 ONCJ 29 (CanLII), per Reinhardt J |
ON | PC | 2 years less a day | under 100 images and videos | The offender pleaded guilty to possession, accessing and making available child pornography. He had a previous record of possessing child pornography. He had only just finished completing his programming from his previous sentence when he was caught again. He was 36 years old and had been sexually assaulted when he was younger. The judge sentenced Mack to 2 years less a day with probation. |
| R v Kroeker, 2014 SKQB 137 (CanLII), per Keene J |
SK | SC | 2 years (poss'n) 1 year (making avail) both concurrent |
100k images 6k videos |
see Distribution Case Digests for summary |
| R v Dansereau, 2014 ONCJ 250 (CanLII), per Bishop J |
ON | PC | 15 months imprisonment | 535 images, 31 videos | Offender pleaded guilty to possession. Materials depicted intercourse with very young females. Offender was 56 years old and was employed in a mine. |
| R v St. Martin 2014 ONSC 4401, per O'Marra J |
ON | SC | 8 months imprisonment | 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 imprisonment | 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 imprisonment | 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) |
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| 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 imprisonment | The offender pleaded guilty to possession of child pornography. Three years probation was ordered. | |
| R v Clayton, 2012 ABQB 333 (CanLII), per Eidsvik J |
AB | SC | 1 year (poss'n) 1 year (access) 2 years (distrib) 3 years (global) |
4,600 images | The offender was a 30 year old British soldier collecting CP over 10 months. Files were mostly of girls and boys naked, involved in intercourse, oral sex. Chat logs were also found showing the offender chatting with 213 persons discussing interest in images and sharing online. Found guilty at trial. Offender has abused as a child. No prior record. Had two post-secondary degrees. Given three month remand credit. |
| R v Lilly, 2012 CanLII 64584 (NL SCTD), per Whalen J |
NL | SC | 12 months imprisonment | The offender pleaded guilty to possession of child pornography, careless storage of a firearm (x2), and possession of cannabis resin. Probation for 3 years was ordered. | |
| R c Castonguay, 2012 QCCQ 11389 (CanLII), per Kennedy J | QC | PC | 7 months + P | 356 images | Offender was 30 years old. Possessed images of naked females between 5 and 14 years of age, mostly posing without explicit sexual activity. Negative pre-sentence report and psych report. Limited acceptance of responsibility. |
| R v Morrisseau 2012 ONCJ 259 (CanLII), per McKay J |
ON | PC | 2 years less a day (JR) | Guilty plea to possession, making available, possession of stolen property, interference, and invitation to sexual touching. Found in a large collection of CP. While babysitting niece he masturbated in front of her and touched her buttocks and between her legs. He had her touch his penis. Offender was 37 years old, aboriginal, with no prior record. Assessed as low risk. | |
| R c Fortin, 2012 QCCS 6930 (CanLII), per Vincent J | QC | SC | 6 months imprisonment | 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 imprisonment | 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 |
| 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 imprisonment | 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 imprisonment | 61,000 images, 150 videos | The offender pleaded guilty to four counts relating to child pornography and breach of probation for previous charges for accessing and distributing child pornography. Within weeks of release he was found accessing and possessing child pornography. His collection was greater than 60,000 files. He was 43 years old. He ceased treatment shortly after completing his term on the first offences. The accused was sentenced to 3 years (pre-2012 minimums applied). |
| R v Paradee, 2012 ABPC 148 (CanLII), per Redman J |
AB | PC | Poss'n (90 days) Luring (18 month CSO) |
webcam | offender lured 16 year old online and had her masturbate on web camera. |
| R v Rice, 2012 CanLII 81903 (NL PC), per Walsh J |
NL | PC | 1 year ( distrib) 4 months (poss'n) 18 months (luring) |
Offender pleaded guilty to luring, possession and distribution of child pornography. Offender began an online relationship with a 16 year old boy he met while playing video games. They engaged in sexual chat and spoke by phone as well as facebook and text messages. He sent the victim child pornography and the victim sent nude photos of himself. The victim reported him to the police when a meet-up was suggested. The offender was 37 years old with a criminal record including one offence for interference. He showed little insight into his actions. | |
| R v Andrukonis, 2012 ABCA 148 (CanLII), per Watson JA (2:1) |
AB | CA | Poss'n (12 months) | 42 unique images, 87 videos | offender pleaded guilty to one count of possession of child pornography. He collected for 12 to 18 months--was sexually abused as a child. Materials mostly consisted of depiction of explicit sexual activities and sadism. Offender admitted offence to police. |
| R v Klassen, 2012 BCCA 405 (CanLII), per Garson JA |
BC | CA | 1 year imprisonment | 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 imprisonment | 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 imprisonment | ||
| R v Keough, 2012 ABCA 14 (CanLII), per Slatter JA (2:1) |
AB | CA | 18 months imprisonment | 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 imprisonment | 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 imprisonment | 454 unique videos 1,392 unique images |
Offender pleaded guilty to possession and distributing child pornography. He was discovered by an undercover officer online in a chat room. Materials depicted children between infants and 14 year olds. Offender was 21 years old at the time. He was cooperative with police, lived with family and had no record. | |
| R v Yau 2011 ONSC 1009 (CanLII), per MacDonnell J |
ON | SC | 7 months imprisonment | uncertain | Offender was convicted at trial and maintained innocence. 479 images introduced at trial, most were nudes, some anime. Evidence suggested he only possessed files for a short period of time. Ordered a 161 order for 5 years. 90 days pre-trial credit was granted. |
| R v Dumais, [2011] OJ No 116, 2011 ONSC 276 (CanLII), per Ratushny J |
ON | Poss'n (9 months) | 170 images 44 videos |
Offender lost his job as a grade school teacher, was remorseful, and early guilty plea. He was cooperative with police and attended counselling while out on bail. Psychiatric report stated he was not a pedophile and was low risk. He had no prior record and had the support of family. | |
| R v Lamb, 2011 BCSC 349 (CanLII), per Ehrcke J |
BC | SC | Poss'n (45 days) | 6 videos, 2 images, and 20 texts | The offender pleaded guilty to possession of child pornography. |
| R v Grimsdale, 2011 ABPC 51 (CanLII), per Fraser J |
AB | PC | 2,600 images | 260 of the images show sexual assaults | |
| R v Somogyi, 2011 ONSC 483 (CanLII), per Wilson J | ON | SC | 31 days | The offender was found guilty of luring (x 3) and possession of child pornography. see Child Luring (Sentencing Cases) | |
| R v Pinsky, 2011 SKPC 111 (CanLII), per Singer J |
SK | PC | Poss'n (12 months) | 5,036 images | 69,000 image and video files total, 5036 confirmed CP. The offender was 27 years old with no record. He was attending law school. Materials were found on two USB drives. Depictions included infants and depicted bondage, torture, and bestiality. Offender was collecting while awaiting trial on similar matters. |
| R v Girard, 2011 QCCQ 9388 (CanLII), per Boudreau J |
QC | PC | 60 months after remand (global) | 7 million | Offender convicted of distributing, making, possessing and accessing child pornography. He had previous conviction from 1996 for sexual offences against children. The judge made a Long Term Offender Order. |
| R v McAdorey, 2011 ONCJ 540(*no CanLII links) |
ON | PC | 2 years (global) | 93 movies 13,000+ images |
Offender plead guilty to possession and accessing of child pornography. Offender had a prior conviction for child pornography. He was 42 years of age and lived with his parents at the time. He was diagnosed with pedophilia. Credit given for 184 days for pre-trial custody. |
| R v St. Michael, 2011 ONSC 449 (CanLII), per Ray J |
ON | SC | making (4 years) 3 years (interference and exploitation) |
see Making Child Pornography Case Digests for summary | |
| R v Lynch-Staunton, 2011 ONSC 218 (CanLII), per Ratushny J |
ON | SC | 5 years | 2097 images, 1763 texts, 574 videos | Offneder pleaded guilty to possession and distribution of child pornography. He was found to have been sharing materials over 4 months. Materials were found on 21 devcies and amounted to 12.1 gigabytes of child pornography. The offender was aged 56, with no prior record. he Had been collecting for over 10+ years. He had no remorse or insight into his conduct and was not willing to participate in treatment. |
| R v D. (M.D.) 2011 NWTTC 20 (CanLII), per Gorin J |
NWT | PC | 1 year (poss'n) 3 month (voyeurism) |
1,888 unique images | Offender plead guilty to one count of possession and one count of voyeurism. He was 50 years old with no record. Materials depicted intercourse and bondage. Police found 1,000 child pornography and incest stories. Offender had made secret video of two young girls going to washroom. |
| R v Ryan, 2011 ONCJ 342 (CanLII), per Harris J |
ON | PC | 16 months (making avail) 2 months (poss'n) |
Offender pleaded guilty to possession and making available. Police discovered him through peer-to-peer filesharing networks. Materials were found on his computer and included depictions of anal intercourse and oral sex, bondage and ejaculation on a child. The offender was 25 years old and had no record. Probation (3 years), SOIRA (life), and 161 Order (20 years) was ordered. | |
| R v Johnston, 2011 NLCA 56 (CanLII), per White JA |
NL | CA | Poss'n (10 months) | 20 videos | Offender was a 72 year old, retired staff Sargent of RCMP; appealed from 15 months. Materials depicted children engaging in sexual activities including oral sexual sexual intercourse. Offender was cooperative and remorseful. Section 161 order was not necessary. |
| R v Brunton, 2011 ONSC 285 (CanLII), per Lafrance-Cardinal J | ON | SC | 6 months imprisonment | 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 imprisonment | 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 imprisonment | 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 imprisonment | 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 imprisonment | 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 imprisonment | 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 imprisonment | "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 imprisonment | 2,466 pics and some videos | 3 years probation; images of Mission categories 1 to 4; collected for over a 2 years; disagnosed with pedophilia; remorseful and had good insight; low risk of reoffending if treated; no prior criminal record; summary conviction; Crown sought 12 months. Subjects of imagery were females ranged from 3 year to 15 years of age. Evidence suggested he would look at the materials for up to 4 hours in a day. He kept the materials in "meticulous" order. Overturned sentence of 90 days (2009 MBPC 13) |
| R v Tinkler, 2010 ONCJ 249 (CanLII), per Nadel J |
ON | PC | 20 months (distrib) 6 months (poss'n) |
342 images, 2 videos | The offender pleaded guilty to possession and distribution of child pornography. He was found in chatrooms engaging in trading of materials. The offender was a 67 years old retired professor. |
| R v Mathieson, 2010 ONCJ 616 (CanLII), per Nadel J |
ON | PC | Poss'n (16 months) making (12 months) |
1,774 pictures | see Making Child Pornography Digests for summary |
2005 to 2009
| Case Name | Prv | Crt | Sentence | Amount | Summary |
|---|---|---|---|---|---|
| R v JJH, 2009 CanLII 68164 (NL PC), per Hyslop J |
NL | PC | 3 years imprisonment | The offender pleaded guilty to possession of child pornography and sexual assault. | |
| R v Vasic, 2009 CanLII 23884 (ON SC), per Thorburn J |
ON | SC | 19 months imprisonment | 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 (ON SC), per Jenkins J | ON | SC | 1 year imprisonment | 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 imprisonment | 17,000 images | |
| R v Hammond, 2009 ABCA 415 (CanLII), per Watson JA |
AB | CA | 1 year imprisonment | 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 imprisonment | 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 imprisonment | 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 imprisonment | 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 imprisonment | 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 imprisonment | 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 imprisonment | 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 imprisonment | also charged making and distribution, joint recommendation, otherwise judge would have gone higher. | |
| R v Smith, [2008] OJ No 4558 (ONSC), 2008 CanLII 59107 (ON SC), per Clark J |
ON | SC | 21 months (global) 20 months (avail) 12 months (poss'n) |
837 pictures, 147 videos, stories | Offender was convicted of making available and possession of child pornography. He was found using peer-to-peer software to download and share files online. Materials depicted intercourse with children, some very young. The offender was 43 years old and lost his job as an actor due to media attention. Assessment reported he was not a pedophile, however, was not forthcoming with doctor. Probation (3 years) and SOIRA (10 years) Ordered. |
| R v Lazore, 2008 ONCJ 578 (CanLII), per Renaud J |
ON | PC | 6 months imprisonment | 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 imprisonment | 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 imprisonment | 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 imprisonment | 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 imprisonment 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 imprisonment 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 imprisonment | The offender pleaded guilty to possession. | |
| R v Bryant, 2008 ABCA 203 (CanLII), per Watson JA |
AB | CA | 14 months imprisonment | The offender pleaded guilty to accessing child pornography. | |
| Sonshine c. R., 2008 QCCS 1208 (CanLII), per Charbonneau J |
QC | SC | 3 months CSO | The offender pleaded guilty to possession of child pornography. | |
| R v Medina, 2007 QCCA 1395 (CanLII), 2007 QCCA 1396 (CanLII), per curiam |
QC | CA | 12 months imprisonment | 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 imprisonment | The offender pleaded guilty to accessing and possession of child pornography. | |
| R c S.G., 2007 QCCQ 391 (CanLII), per Dudemaine J |
QC | ?? | suspended | The offender was found guilty of possession of child pornography. | |
| R v Vessey, 2007 SKPC 94 (CanLII), per Whelan J |
SP | PC | 18 months CSO | The offender pleaded guilty to possession of child pornography. | |
| R v Kwok, [2007] OJ No 457 (Ont. SCJ), 2007 CanLII 2942 (ONSC), per Molloy J |
ON | SC | 1 year imprisonment | 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 | {{{6}}} |
| 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 imprisonment | The offender was found guilty of child luring and possession of child pornography. | |
| R v Dienaar, 2007 CanLII 19612 (ON SC), per Hill J |
ON | SC | 9 months CSO | 1,000+ | Offender pleaded guilty to possession. Materials were found on his computer hard drive, included depictions of intercourse with children. The conduct occurred over 20 months. He was living with his girlfriend and three young children at the time. He was arrested while on bail for violating contact with children and possessing pornography. The offender was 48 years old and employed as an accountant. He suffered from depression. He was remorseful and unlikely to re-offend. |
| R v Ewing [2007] OJ. No 1710 (ONCJ)(*no CanLII links) |
ON | PC | 12 months (poss'n) 12 months (making avail) |
huge collection including 269 videos for total of 15 hours | collection included videos of bondage, bestiality, and torture. |
| R v Coutu, 2007 CarswellOnt 8648 (Ont. Sup. Ct.)(*no CanLII links) |
ON | SC | 3 years, 2 months | 1.9 million CP and related images | guilty of possessing and making available CP--“staggering volume” with “horrendous” content, included 1,917,288 images and 16,422 videos, of which 16,084 were photographic images, 44,487 images involving child nudity, 784,415 "other” photographs with children. There were 600 child pornography video clips; 112 of child nudity and 7,742 other video clips involving children |
| R v Fisher, 2007 NBPC 15 (CanLII), per Cumming J |
NB | PC | Poss'n (8 months) | ||
| R v DB, 2007 ONCA 157 (CanLII), per curiam |
ON | CA | 2 years less a day imprisonment | 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 imprisonment | 30,000 pics 378 vids | judge went above crown sentence of 12 months; well organized collection; age 48 |
| R v Lehman, 2007 ONCJ 18 (CanLII), per Nicholas J |
ON | PC | Poss'n (90 days) | 10 videos | membership with a CP website |
| R v Warn, 2007 OJ No 3581 (Ont. C.J.), 2007 ONCJ 417 (CanLII), per Lane J |
ON | PC | 15 months imprisonment | 25 years old, no record; distribution and possession; over 15,000 photos and 50 videos; positive evidence from psychotherapist | |
| R v CWF, 2006 BCPC 545 (CanLII), per Rounthwaite J |
BC | PC | Poss'n (10 days) | 15,000+ images | |
| R v Tait, 2006 BCPC 595(*no CanLII links) |
BC | PC | 6 month CSO | The offender pleaded guilty to possession of child pornography. | |
| R v AB, 2006 CanLII 31608 (ON SC), per Dambrot J |
ON | SC | 3 months imprisonment | 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 imprisonment | 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 imprisonment | 8,800 videos, pics and stories | collected for over two years; found items that were possibly used to create videos; assessed as a low-risk to re-offend; had account on CP website, methodical in sorting |
| R v Neilly, 2006 CarswellOnt 2396 (Ont. C.A.), 2006 CanLII 12699 (ON CA), per curiam |
ON | CA | Poss'n (1 year) | also charged with distribution | |
| R v McCrindle, 2006 ABPC 105 (CanLII), per Fradsham J |
AB | PC | Poss'n (1 day) | 229 images | 8 months remand credit |
| R v TLB, 2006 ABQB 533 (CanLII), per Moreau J |
AB | SC | 2 years less a day CSO | 80 images | accused is female with Cerebral Paulsey. Has child who had seen some of the images. |
| R v Von Gunten, 2006 QCCA 286 (CanLII), per Pelletier JA |
QC | CA | 12 months CSO | 30,000 to 40,000 files | The offender was convicted of possession of child pornography. Crown appealed sentence. |
| R v Peterson, 2006 ABPC 177 (CanLII), per Skene J |
AB | PC | 90 days | 3800 images | also charged with accessing, sought counselling |
| R v Austin, 2006 BCJ No. 3430 (B.C. Prov.Crt.)(*no CanLII links) |
BC | PC | Suspended Sentence | 60 years; was employed with district teacher’s association; no pictures, only stories found; collected over 4 years; | |
| R v Moen, 2006 SKPC 1 (CanLII), per Orr J |
SK | PC | Poss'n (30 days) | 473 videos | videos ranging from 3 seconds to 1.5 hours; depicts children age 4 to 14 in sexual acts |
| R v Jakobsen, 2006 BCSC 379 (CanLII), per Stromberg-Stein J |
BC | SC | Pos'n (6 months) | ||
| R v Tylek, 2006 ABPC 85 (CanLII), per Fradsham J |
AB | PC | Access (13 month CSO) | 850 images | also accessed paid CP websites |
| R c É.C., 2006 QCCQ 6902 (CanLII), per Parent J | QC | PC | 9 months CSO | 1,272 images, 358 videos | The offender pleaded guilty to possession of child pornography. |
| R v Lentzen, 2006 ABPC 283 (CanLII), per Day J |
AB | PC | 6 months imprisonment | 8,800 files | The offender pleaded guilty to possession of child pornography. |
| R v Bennett, 2006 OJ No 29, 2006 ONCJ 3 (CanLII), per Pringle J |
ON | Poss'n (90 days) | 11,000 images of CP | Offender purchased CP from websites 10 times. 24 years old, no record; supportive family; psychiatric finding that the accused was a pedophile. Total of 37,000 images of CP mixed with child erotica. More than half depicted sexually explicit activity. Some images were "extremely disturbing" (para 6). | |
| R v Sabando, 2005 BCPC 464 (CanLII), per Stansfield J |
BC | PC | Poss'n (1 day) | deported back to Philippines | |
| R v Harvey, [2004] OJ No 1389(*no CanLII links) |
ON | PC | 1 year (luring) 30 days (poss'n) |
The offender pleaded guilty to possession of child pornography and luring. | |
| R v Dixon, 2005 CMAC 2 (CanLII), per Letourneau JA |
CAN | CA | 7 days | 7 images, 3 videos | The offender was found guilty of possession of child pornography. |
| R c Landreville, 2005 CanLII 60182 (QC CQ), per Lecerte-Lamontagne J |
QC | PC | The offender pleaded guilty to breach of probation and possession of child pornography. | ||
| R v Mallett, 2005 CanLII 32927 (ON SC), per Hill J |
ON | SC | Poss'n (1 year CSO) | 5,000+ images | Offender spent 1.5 years on pre-trial house arrest. Guilty plea. Diagnosed as being a pedophile with a low-to-moderate risk of hands-on offending. He had made 14 purchases of child pornography online. |
| R v Hildebrandt, 2005 SKPC 35 (CanLII), per Whelan J |
SK | PC | 1 year CSO | The offender pleaded guilty to possession of child pornography. | |
| R v Missions, 2005 NSCA 82 (CanLII), per Roscoe JA |
NS | CA | Poss'n (12 months) | 63 images | |
| R v LAC, 2005 ABPC 217 (CanLII), 386 A.R. 102, per Daniel J | AB | PC | 10 months imprisonment | The offender pleaded guilty to sexual assault and possession of child pornography. | |
| R v Lea, 2005 OJ No 2665 (Ont.C.A.), 2005 CanLII 22451 (ON CA), per curiam |
ON | CA | Poss'n (6 months) | over 10,000 images | 53 years, no record; depression; guilty plea; |
| R v Harlos, 2005 ABPC 118 (CanLII), per Skene J |
AB | PC | Poss'n (8 months) | 3162 images 763 videos | collecting for months |
| R v Lonergan, 2005 CarswellAlta 120, 2005 ABPC 23 (CanLII), per McNab J |
AB | PC | Poss'n (8 months) | The offender pleaded guilty to possession of child pornography. The materials depicted males and females between the ages of eight and 13 years old. He attempted to minimize the seriousness of the offence and showed no insight into the harm caused by the offence. He had not engaged in any serious attempts at counseling. The offender was 39 years old with no criminal record. Two years probation was ordered. The judge rejected a joint recommendation for a CSO. | |
| R v Paton 2005 NUCJ 7 (CanLII), per Johnson J |
NU | PC | 6 months conditional sentence | 2000 images | The offender pleaded guilty to possession of child pornography and sexual assault. Materials were found on is laptop. It depicted children between the ages of six and 14 years old, including the depiction of sexual intercourse. One video depicting the accused giving alcohol to a victim until she passed out and then had oral and vaginal sex with her. Offender was 34 years old and part aboriginal. He had a history of substance abuse. |
| R v GHK, 2005 BCPC 618 (CanLII), per Field J |
BC | PC | 14 month CSO | ||
| R v Craig, 2005 ONCJ 47 (CanLII), per Hearn J |
ON | PC | 1 year CSO | 2,000 images | The offender pleaded guilty to possession of child pornography. |
1995 to 2004
| Case Name | Prv | Crt | Sentence | Amount | Summary |
|---|---|---|---|---|---|
| R v Zinck, 2004 CanLII 30562 (MB PC), per Devine J |
MB | PC | suspended | The offender pleaded guilty to possession of child pornography. He was 41 years-old with no record. He was single. | |
| R v C (J.H.) 2004 BCPC 295(*no CanLII links) |
BC | PC | 1 year imprisonment | 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}}} |
| R v JJB 2004 BCPC 7 (CanLII), per Gove J |
BC | PC | suspended | The offender pleaded guilty to possession of child pornography. He was 18 years-old and mentally disabled. | |
| R v Batshaw, 2004 M.J. No. 249 (MBCA), 2004 MBCA 117 (CanLII), per Huband JA |
MB | CA | 15 months CSO | 80 to 100 images | age 22; no record;; low risk to reoffend; appealed discharge order, 2003 CanLII 46646 (MB PC), per Devine J. |
| R v Faget, 2004 BCCA 66 (CanLII), per Rowles JA |
BC | CA | 9 months imprisonment | guilty plea to poss’n for purpose of distrubtion; age 18; no record; remorseful and empathetic; no indication of emotional difficulties; low risk to reoffend; collection was part of adult pornography business; included category 4 material as per R v Missions | |
| R v Starr, 2004 NBQB 296 (CanLII), per Garnett J |
NB | SC | 6 months (poss'n) | 18 images, 2 videos | The offender pleaded guilty to possession of child pornography. He also had 900 files of adult pornography. One video depicted a young female engaged in oral sex with an adult male. The offender was 35 years old with no record. He was married and had a solid employment history. He suffered from depression.The presentence report included a denial of responsibility and claim that he downloaded the materials as part of a research project to protect children. Three years probation was ordered. |
| R v Kim, 2004 CanLII 32118 (ON CA), (2004), 181 O.A.C. 88, per curiam |
ON | CA | Poss'n (9 month CSO) | large collection | Offender pleaded guilty to possession and distribution. He was engaging in sharing of child pornography through peer-to-peer networks. Border-line unsuccessful crown appeal. |
| R v G., 2004 NSCA 7 (CanLII), per Cromwell JA |
NS | CA | Making (2 years) Global (2 years) |
see Making Child Pornography Digests for summary | |
| R v Jiggins, 2003 ABPC 75 (CanLII), per Fradsham J |
AB | PC | 13 months CSO | The offender pleaded guilty to possession of child pornography. He was 27 years-old. | |
| R v Green, [2003] OJ No 1314(*no CanLII links) |
ON | PC | 1 year CSO | The offender pleaded guilty to possession. There was a joint recommendation. | |
| R v W.C. [2004] O.J. No 5985(*no CanLII links) |
ON | SC | 3 months | ||
| R v McCrady, 2003 ABPC 69 (CanLII), per Caffaro J |
AB | PC | 1 year (poss'n) |
The offender pleaded guilty to possession of child pornography and sexual assault. | |
| R v Geller, [2003] OJ No 357 (Ont. S.C), 2003 CanLII 31190 (ON SC), per Kerr J |
ON | SC | discharge | The offender pleaded guilty to possession of child pornography and mischief to data. | |
| R v Woroby, 2003 MBCA 41 (CanLII), per Hamilton JA |
MB | CA | fine and probation | ||
| R v North, 2002 ABCA 134 (CanLII), per curiam |
AB | CA | Poss'n (12 months CSO + P) | 2,000 pics | pictures shared on a computer; overturned fine & probation. Offender had an extensive collection. No prior record. |
| R v Jordan, 2002 ABPC 114 (CanLII), per Semenuk J |
AB | PC | 3 months CSO | The offender pleaded guilty to possession. | |
| R v Hewlett (J.J.), 2002 ABCA 179 (CanLII), per Fraser JA |
AB | CA | Global (3.5 years) | The offender set up pornographic website and hired 3 underage teens | |
| R v Schan, 2002 CarswellOnt 511, 2002 CanLII 41613 (ON CA), per curiam |
ON | CA | 18 months CSO | ||
| R v Clinch, 2002 CarswellMan 366, 2002 CanLII 8935 (MB PC), per Garfinkel J |
MB | PC | Poss'n (9 months CSO) | prior related record; | |
| R v Lévesque, 2002 CanLII 41137 (QC CA), per Beauregard JA |
QC | CA | suspended | The offender pleaded guilty to possession of child pornography and invitation to sexual touching. He was camping with his son when he invited two 10 year-old females to visit. He took photographs of them nude. Probation for 2 years was ordered. | |
| R v Jeffrey [2002] OJ 3339(*no CanLII links) |
ON | poss'n (12 months CSO) | |||
| R v Fox [2002] OJ No 3548(*no CanLII links) |
ON | 16 months (poss'n) | large | collection included 45 videos and 21 CD. Collection was well organized. Some materials were purchased. Lived with a young son. | |
| R v Steadman, 2001 ABQB 1004 (CanLII), per Gallant J |
AB | SC | 10 months imprisonment | The offender pleaded guilty to possession of child pornography. He called an emergency line reporting his sexual temptation for children. He was 27 years-old and was unemployed. He previously had counselling for his sexual interests. | |
| R v Tyshkewich (2001) AJ No 1345, 2001 ABPC 196 (CanLII), per Fradsham J |
AB | PC | 20 months CSO | 2,500+ files | The offender pleaded guilty to possession of child pornography. He was arrested while masturbating. The materials were graphic. He had previously been warned by police for child pornography. The offender was 32 years-old with an unrelated record. He was diagnosed withe pedophilia. |
| R v Cohen, [2001] OJ No 1606 (Ont. C.A.), 2001 CanLII 3862 (ON CA), per curiam |
ON | CA | poss'n distrib global (14 month CSO) |
Offender had no record. Not a pedophile. He lost his job and was forced to move to different community. | |
| R v Pecchiarich, [2001] OJ No 3940, (S.C.J.)(*no CanLII links) |
ON | SC | 18 months (poss'n) | The offender pleaded guilty to possession of child pornography. The materials depicted oral, anal, and vaginal sex between adults and children. The offender was 27 years-old and lived with his mother. He had a record for distribution (2 years suspended sentence). He was pedophile. He had 9 months remand credit. | |
| R v Patterson, [2000] OJ No 736 (Ont.C.J.)(*no CanLII links) |
ON | SC | 90 days CSO | 1,000+ images and video | The offender pleaded guilty to possession. He downloaded the files from the internet. He was 31 years-old with family support and a professional career in accounting. He had no record. Probation was ordered. |
| R v Rideout, [1998] AJ No 199 (Alta. Prov. Ct.)(*no CanLII links) |
AB | PC | 30 months imprisonment | 22 images | was on day parole for sexual offences at time. |
| R v Stroempl, [1995] OJ No 2722 (Ont. C.A.), 1995 CanLII 2283 (ON CA), per Morden ACJ |
ON | CA | Poss'n (10 months) | 300 pics | age 67 years; no record; sentence of 18 months overturned |
| Term | PC | SC | CA | S/S |
| Defined | Provincial Court |
Superior Court |
Court of Appeal |
Suspended Sentence |