Making Child Pornography (Sentencing Cases)

This page was last substantively updated or reviewed July 2021. (Rev. # 87159)

• < Sentencing
• < Cases

April 2020 to present

Case Name	Prv	Crt	Sentence	Charges	Amount	Summary
R v Massey, 2021 ABQB 146 (CanLII), per Burrows J	AB	SC	3 months		online chat log with undercover	"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]
R v CM, 2021 ONCJ 472 (CanLII), per Pratt J	ON	PC	4 years			{{{7}}}
R v Wood , 2021 NSSC 253 (CanLII)}, per Muise J	NS	SC	4 years, 7 months (global) 1 year (making)
R v Claveria, 2021 ONCJ 348 (CanLII), per Chamerlain J	ON	CJ	7.5 years
R v Millan, 2022 MBPC 1 (CanLII)	MB	PC	3.5 years
R v RH, 2021 ONCA 236 (CanLII), per curiam	ON	CA	6 years	interference making CP accessing CP
R v AAJT, 2021 MBQB 3 (CanLII), per Rempel J	MB	SC	22 years (global)	sexual interference (2 counts) making child pornography (5 counts) distributing child pornography (6 counts) possessing child pornography (7 counts); and failure to comply (2 counts).
R v MB, 2020 ONSC 7605 (CanLII), per McArthur J	ON	SC	2 years (making) 3 years (avail) 2 years (poss'n)
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. "

2010 to April 2020 (R v Friesen)

Case Name	Sentence	Amount	Summary
R v Chicoine, 2019 SKCA 104 (CanLII), per Ryan-Froslie JA	15 years (global)		The offender pleaded guilty to possession, access, distribution and making child pornography, luring, and conspiracy to commit sexual assault.
R v Freeman, 2019 ONCJ 721 (CanLII)	ON	PC	30 months imprisonment (global) 18 months imprisonment (making)
R v JS, 2018 ONCA 675 (CanLII), per Strathy CJ	10 years imprisonment (making)		The offender was convicted of making CP, distributing CP, possession of CP, sexual assault with a weapon, and interference x 3.
R v SCW, 2018 BCCA 346 (CanLII), per Fenlon JA	7 years imprisonment
R v DM, 2018 ONCJ 423 (CanLII), per Caldwell J	6 years imprisonment
R v MS, 2017 ONCJ 479 (CanLII), per Brown J	2 years (making), 2 years (distrib.), 2 years (poss'n), and 5.5 years (sex assault), 10 years (global)
R v Gardner, 2017 BCPC 85 (CanLII), per Phillips J	2 years (making) 2 years (luring)		see Child Luring (Sentencing Cases)
R v RJ, 2017 MBCA 13 (CanLII), per Mainella JA
R v McLean, 2016 SKCA 93 (CanLII), per Ottenbreit JA
R v DC, 2016 MBCA 49 (CanLII), per Burnett JA
R v Robinson, 2016 ONCJ 306 (CanLII), per Bishop J	2 years less a day (global, concurrent on each)		The offender pleaded guilty to sexual interference, possession of child pornography and making child pornography. An 8-year-old child disclosed that the offender professed his love for her, watched her disrobe, took her to the garage and touched her vaginal area and then took pictures while she peed. The offender was 63 years old and showed a lack of remorse in the offence. The judge also ordered a s. 161 order for 10 years. (Bishop J.)
R v GJM, 2015 MBCA 103 (CanLII), per Mainella JA	18 months (poss'n) 3 years (making) 12 and 15 months (interference x 2) 9 months (voyeurism) 15 months (harassment) 2 and 4 months (breaches x 4)
R v Levin, 2015 ONCJ 290, 122 W.C.B. (2d) 179	ON	PC	6 months (poss'n) 12 months (making) 18 months (counselling)
R v Snook, 2013 NBPC 17 (CanLII), per Brien J	18 years (global)		The offender played guilty to making child pornography (x 9), making available child pornography (x 2), possession child pornography (x 2), interference (x 13), invitation (x 10), exploitation (x 2), luring (x 4), sex assault (x 3), extortion (x 1) and unlawful use of a computer (x 2). The offender was discovered on-line through his activities in a peer-to-peer file sharing network. An undercover officer engage the offender in the an chat room. It was learned that he had been in communication with a young child and was planning to meet-up with them to sexually assault them. He was arrested before meeting the child. His laptop contained a collection of child pornography including videos and pictures he created that depicted 17 boys that he had varying degrees of contact with. Affirmed on appeal at 2014 NBCA 71 (CanLII), per JA.
R c Liesiewicz, 2014 QCCA 1673 (CanLII), per curiam	8 years (extortion) 4 years (making, distrib, luring) 12 years (global)		The offender pleaded guilty to making child pornography (x 24), distribution of child pornography, luring (x 19), extortion (x 22), harassment, unauthorized use of a computer. He made contact with young females between the ages of 13 and 19, most under 18 years-old, using a false identity. He would trick them into sexual performances online which he would record. He would then threaten to distribute the videos if they did not do more for him. He would distribute some images to show that he was serious. The females would cry and beg that he not distribute them. He approached 200 females and was successful in relation to 25 females.
R v Brunton, 2014 ONCJ 120 (CanLII), per Harris J	90 days (making) 12 months (distrib.)		The offender pleaded guilty to making, possessing and distributing child pornography. He made voyeurism videos in the shower room of teenage boys. He befriended a 15 year old male over 3 years and convinced the victim to send sexually explicit videos of himself to the accused. The accused sent 4 images of the victim to 4 people by email. He had no prior record.
R c Bertrand, 2014 QCCQ 5233 (CanLII), per Boyer J	60 months (global)	21,184 images, 1,466 videos, 2 texts	The offender pleaded guilty to possession, making, distributing child pornography as well as luring (75 counts in total). He was found in a peer-to-peer file-sharing network by police. A residential search discovered devices containing child pornography. There were 13 videos that he made of himself masturbating and ejaculating onto images of young girls. 312 chat logs were discovered recording how he would recruit young girls online by impersonating a recruiter for a modeling agency. He would then have them do sexual performances on webcam. He would also chat with others who share child pornography. It was discovered that after his charges he continued to access child pornography by going to public wifi access points. The offender was 54 years-old and a father of two adult children. He had a PhD in engineering and was regularly employed in the field.
R v Lauzon, 2014 QCCQ 179 (CanLII), per Parent J	90 days		The offender pleaded guilty to making child pornography. He was an amateur photographer and had convinced a 17 year old to pose topless. He took several such photographs. He never touched the victim. The police learned of the incident when the mother found out. The police found 1,400 images of child pornography on his computer and camera. The full size of the collection was not proven. The offence was found by the judge to be on the "low end" of the scale.
R v White, 2013 CanLII 9507 (NLSCTD), per Stack J	12 months (making) 12 months (luring)		Offender met 16 year old on-line, got her to masturbate over webcam, offender recorded it. It was a joint recommendation.
R v AM, 2013 ONSC 6174 (CanLII), per Cornell J	2 years less day (making) 2 years (poss'n)		The offender was found guilty of possession, making and making available child pornography. He had installed a surveillance camera in his 12 year-old step-daughter's room to help her with nightmares. He took topless photographs of the child while she slept. Upon police examining his computer devices a collection of child pornography was found that had been downloaded through peer-to-peer software.
R v R.(M.), , 2014 CanLII 12202 (NLSCTD), per Whalen J	6 months imprisonment		The offender pleaded guilty to making child pornography.
R v Logan, 2013 NBPC 6 (CanLII), per Brien J	Making (18 months) Sex assault (8 months) Invitation (4 months) Global (2.5 years)	469 images	The offender pleaded guilty to making child pornography as well as sexual assault in invitation to sexual touching. He was taking care of a 10 year-old child who was the child of his friends. He attempted to get her to touch his penis. He touched her and took many pictures of her naked with his cell phone. Child reported incident to school officials. This phone contained over 450 images of child pornography including 44 of the victim nude. The offender was 28 years old with no record. He was "low functioning".
R v JSM, 2013 ABPC 296 (CanLII), per Ogle J			The offender pleaded guilty to making child pornography.
R v BCM, 2008 BCCA 365 (CanLII), per Neilson J	making (3 years) poss'n (1 year) interference (3 year) global (6 years)		The offender was the step-father of four girls between the ages of 1 month and 6 years. He engaged in a highly sexualized lifestyle and taught the children to be comfortable with nudity. He was sexually involved with two of the older daughters. They performed oral sex, digital penetration, masturbation, and he put his penis against one girl’s labia. There were about 15 such incidents with each girl. He took photos of the sexual activity and one 10-minute-long video. The mother caught the offender once who promised not to do it again, however, he continued anyway. Psych report stated he was high risk to reoffend if allowed around children.
R v PM, 2012 ONCA 162 (CanLII), per Rosenberg JA	5 years (sex offences) 1 year (child porn)		The offender pleaded guilty to sex assault, incest, interference, making and possessing child pornography, and careless storage of a firearm. He was found to have had vaginal and anal intercourse with is 13 to 14 year old daughter a total of 10 times over 13 months. Search of his computer revealed 1,837 images of child pornography depicting oral and vaginal sex. Certain videos showed the offender masturbating on the victim and engaged in intercourse with her. One video shows victim "begging" for him to stop. The offender was 37 years old and a member of the military. He was diagnosed with PTSD and depressive disorder.
R v A.R.C., 2012 ABPC 252 (CanLII), per Johnson J	5 years (interference) 1 to 2 years per child (making) 2 years (distr) 18 months (poss'n) 12 years (global)		also sentenced for interference, possession--over several years had intercourse with daughter, filmed it and shared it over internet.
R v Tettersell, 2012 ABCA 57 (CanLII), per curiam	2 years (poss'n) 2 years (making) 2 years (distr) 2 years (interference) global (8 years)		Offender had a collection of thousands of CP images as well as videos and stories. He was involved in "large scale" sharing online. OFfender took sexually explicit videos and photos of a child between 7 and 9 years old which he traded online. He also revealed child's name to others online. He was in a position of trust to the child. Offender cooperated with police. He plead guilty but minimized his responsibility. Psych report stated he was high risk to re-offend.
R v Bridgeman, 2011 ONCJ 117 (CanLII), per Harris J	Poss'n (6 months) luring (18 months)
R v St Michael, 2011 ONSC 449 (CanLII), per Ray J	Global (4 years) making (4 years) 3 years (interference and exploitation)		Offender pleaded guilty to making child pornography, sexual exploitation and interference. Offender was dating the victim's mother. He offered victim, then 13 years old, a job at his radio station. Sexual encounters ensued involving oral sex and intercourse. There was intercourse a total of 15 times. He groomed her with alcohol, money and cigarettes. He made a video of her giving him oral sex. The offender was 35 years old with no record. He was not remorseful. SOIRA (20 years) and 161 Order (10 years) was ordered.
R v BSM, 2011 ABCA 105 (CanLII), per Cote JA (2:1)	6 years (interference) 1 year (making)		The offender pleaded guilty to interference and making child pornography. He groomed his 15-year-old step-daughter with weed and pornography and then engaged in unprotected intercourse with her. He photographed the activities. The offender was 43 years old.
R c GC, 2011 QCCQ 13551 (CanLII), per LaMontagne J	66 months (global)		The offender pleaded guilty to voyeurism, sexual inteference, and making child pornography.
R v Butler, 2011 NLTD 5 (CanLII), per Goulding J	18 months (poss'n) 15 months (making) 3 months (careless)		The offender pleaded guilty to possession and making child pornography and careless storage of a firearm. The offender was 43 years old. The sentence was as a joint recommendation.
R v Gilbert, 2011 NBPC 10 (CanLII), per Brien J	15 years (global) Seven years (interference) 7 years (Exploitation) three years, eight months (making) 2 years (possession) 1 year (sex assault)		The offender pleaded guilty to making (x 5), possession (x 1), sexual assault (x 1), sexual interference (x 3) and exploitation (x 1). Over 11 years, the offender groomed and had intercourse with six boys ages 4 to 16 years old. He met the boys through friends and neighbors, one victim was under his care. He would give them drugs and alcohol to the children. In one case, the child would pass-out before he would assault him. The offender engaged in unprotected sexual intercourse with several victims. The offender filmed his encounters. The offender was 40 years of age and had an unrelated record. He had some post secondary education. He was married twice. He denied being a risk or needing treatment.
R v Mathieson, 2010 ONCJ 616 (CanLII), per Nadel J	16 months (poss’n); 12 months (making)	1,774 pictures	also charged with making; was found printing images at store
R v F(DG), 2010 ONCA 27 (CanLII), per Feldman JA	making (?) global (7 years)		Offender engaged in online chat with undercover officer where he shared images of child pornography. The images included those of his 4 year old daughter, which he described sexually assaulting her. He also initiated a video chat with officer and sexually assaulted his child live online. Offender was arrested and was found in possession of thousands of videos and images of child pornography, which included sexually explicit activity and bondage.
R v LMR, 2010 ABCA 286 (CanLII), per curiam	3.5 years (interference) 1 year (making) 1 year (bestiality)		The offender pleaded guilty to making child pornography, bestiality, and sexual interference. She was convinced to sexually exploit her new born daughter for him to film. There was no physical injuries or penetration of the child. The offender had a terrible upbringing which included abuse and work as a juvenile prostitute. He has substance abuse problems and a low intelligence. She was a low risk to re-offend. Section 161 order (15 years) was made.
R v PJB, 2010 ABCA 49 (CanLII), per Watson JA (2:1)	1 year (making/distrib)		also charged with sex interference--global sentence of 4 years--mother using daughter to make CP for boyfriend
R v BCL, 2010 BCCA 183 (CanLII), per Mackenzie JA	4 years imprisonment		The offender pleaded guilty to making child pornography and sexual interference.
R v P.M.V., 2010 BCCA 34 (CanLII), per Hall JA	poss'n (2 years less a day)
R v Brandridge, 2010 ONCJ 450 (CanLII), per Blouin J	3 years (making and poss'n) 2 years (making) 5 years (global)	35,000 images, 485 videos	The offender pleaded guilty to possession, distributing and making child pornography. He was sharing his collection with persons online in chatroom. He also made child pornography by taking pictures of two females in his care while they were asleep. One picture showed his penis near one child's face. He worked as a computer repairman and copied images of children from client's computers. The offender was 45 years old with no record. Judge adopted Crown recommendation which he found to be on the low end of the range. SOIRA order for 10 years was made.

2000 to 2009

Case Name	Sentence	Amount	Summary
R v Golden, 2009 MBCA 107 (CanLII), per Freedman JA	18 months (making) 12 months (luring)		Offender pleaded guilty to luring and making child pornography. He posed as a model recruiter and convinced two 14 year-olds and a 15 year old meet with him in a hotel. They agreed to engage in sexual activity including nude modelling and oral sex on him while he filmed it. He agreed to pay them $1,000. The offender was 27 years old and remorseful.
R v Grant, 2009 BCCA 282 (CanLII), per Donald JA	4 months imprisonment	4 pics	took polaroid photos of 4 year old child, 6 images showed genitals
R v DL, 2009 BCPC 267 (CanLII), per Blake J	18 months imprisonment		The offender pleaded guilty to making child pornography, sexual interference and sexual assault.
R v Yarmchuk, 2009 ABPC 155 (CanLII)			"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.”" [1]
R v Smith, 2008 CanLII 59107 (ONSC), per Clark J	21 months imprisonment
R v Houston, 2008 SKQB 174 (CanLII)	"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." [2]	{{{3}}}	{{{4}}}
R v Pike, 2008 ONCJ 484 (CanLII), 2008 CarswellOnt 6077, per Devlin J	2 years (making) 2 (poss'n) 10 years (inteference) 14 years (global)		The offender pleaded guilty to making and possession of child pornography and sexual interference (x 8). Over 4 years he befriended 8 children through babysitting work. he would take them out on trips where he would sexually assault them while they were sleeping. He photographed and filmed the abuse. He was also found in possess of a large collection of child pornography.
R v Retulla, 2008 ONCJ 743 (CanLII), per Wong J	2 years less a day imprisonment		The offender pleaded guilty to making (x 2) and possession (x 3) of child pornography.
R v LM, 2008 SCC 31 (CanLII), per LeBel J	5 years imprisonment	5,300 images, 540 videos	The offender pleaded guilty to possession and distribution of child pornography. He was found guilty of making child pornography and sexual assault.
R v WD, 2008 ABPC 290 (CanLII), per Van de Veen J	3 months imprisonment		The offender pleaded guilty to making and possession of child pornography, interference, overcoming resistance, and invitation to sexual touching.
R v Debidin, 2008 ONCA 868 (CanLII), per Watt JA	6 months imprisonment
R v BCM, 2008 BCCA 365 (CanLII), per Neilson JA	3 years imprisonment		The offender pleade guilty to making and possession of child pornography and sexual interference.
R v D.(B.), 2008 ONCJ 21 (CanLII), per MacDonnell J	2 years imprisonment		The offender pleaded guilty to sexual assault (x 1), making child pornography (x 2), incest (x 1), and exploitation (x 2).
R v Shablak, 2007 NLTD 37 (CanLII), per O’Regan J			The offender pleaded guilt to possession (x 2) and making child pornography (x 5).
R v AR, 2007 ONCJ 497 (CanLII), per Bourque J	18 months + 24 months prob.	12,000 images and 100 videos	The offender plead guilty to interference, making child pornography and possession of child pornography. Some of the videos were made by him depicting the victim of the sexual interference. The victim was his grandchild to which he had a position of trust. [per Bourque PCJ]
R v BCM, 2007 BCPC 438 (CanLII), per Challenger J	3 years imprisonment		The offender pleaded guilty to possession and making child pornography and sexual interference (x 2).
R v Innes, 2007 ABPC 237 (CanLII), per Wheatley J	2 years imprisonment		also charged with luring and extortion
R v Clemens, [2006] OJ No 3830 (SCJ)(*no CanLII links)	2 years less a day imprisonment		The offender pleaded guilty to possession, distribution and making child pornography and sexual assault.
R v RAB, 2006 BCPC 367 (CanLII), per Lytwyn J	1 year imprisonment	The offender pleaded guilty to possession and making child pornography.	{{{4}}}
R v Walsh, 2006 CanLII 7393 (ON CA, per Armstrong JA			The offender pleaded guilty to distribution and making child pornography.
R v L.A.W., 2006 SKPC 98 (CanLII), per Dyck J	1 year	6 images	6 images of his 9 year old daughter and the Complainant’s step daughter; admitted oral sex with daughter, also convicted of sex assault(2 years)
R v Horvat, 2008 ONCA 75 (CanLII), per curiam	18 months imprisonment		The offender was convicted of possession and making child pornography. Affirming 2006 CanLII 25409 (ONSC)
R v Fulton, 2005 ABCA 423 (CanLII), per Conrad JA	14 months imprisonment		The offender pleaded guilty to making child pornography.
R v LM, 2005 CanLII 39983 (QC CQ), per Wilhelmy J	5 years (making) 5.5 years (distrib) 15 years (global)	5,000 images, 500 videos	The offender was found guilty of making, distributing and possession of child pornography and sexual assault.
R v Gallant, 2004 NSCA 7 (CanLII), per Cromwell JA	2 years (making) 2 years (poss'n) 1 year (sex assault) 1 year (touching) 8 years (global)		The offender pleaded guilty to sexual touching (X 5), sexual assault, making child pornography and possession of child pornography. The offenders girlfriend found several Polaroid photographs of young girls between five and eight years old closing in various states of undress. She recognize several children including her own daughter. One photographed showed the accused exposing his penis next to you sleeping girl.when confronted, the offender admitted to touching the children with his hands and penis. The police investigation revealed three other children in the neighborhood we're also assaulted by him while they slept. Search of his computer revealed 1500 images of child pornography. Two years (possession) two years (making). The offender was designated an LTO with 10 years supervision and delayed parole to half the total sentence.
R v Kasam, 2004 ONCJ 136 (CanLII), per Reinhardt J	1 year CSO		The offender pleaded guilty to possession and making child pornography.
R v G.P., 2004 NSCA 154 (CanLII), per Bateman JA	6 months (bawdy) 6 months (procure) 6 months (making) 6 months (poss'n) 9 years, 10 months (global)	100 images, streaming video	The offender pleaded guilty to sexual exploitation, keeping a common bawdy house, procuring, permitting sexual activity, and possesssing, making and distributing child pornography. He ran an online sex trade service using his daughter and several other females under the age of 18 years. She would pose and perform sex for live internet shows. He received "substantial financial returns" from this service. A joint recommendation for global sentence for 30 months was rejected.
R v Weber, 2003 CanLII 28579 (ON CA), per Feldman JA	14 months CSO
R v Hunt, 2002 ABCA 155 (CanLII), per curiam	15 months 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.
R v Hardy, 2002 CanLII 40893 (MB PC), per Giesbrecht J	1 year imprisonment	The offender pleaded guilty to possession, distribution and making child pornography. Probation for 3 years was ordered.	{{{4}}}
R v Hewlett, 2002 ABCA 179 (CanLII), per Fraser CJ 3.5 years imprisonment	The offender was found guilty of possession and making child pornography.	{{{3}}}	{{{4}}}
R v H(M), 2002 BCCA 248 (CanLII), per Esson JA	9 months CSO		The offender pleaded guilty to sexual assault and making child pornography.
R v DSM, 2001 BCSC 1295 (CanLII), per Hunter J	5 months 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.
R v Hodgkins, 2001 BCPC 413 (CanLII), per Pothecary J	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.

1995 to 1999

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

Term	PC	SC	CA	S/S
Defined	Provincial Court	Superior Court	Court of Appeal	Suspended Sentence