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In recent years, drones have become an increasingly popular hobby for people of all ages. Department stores all over the country have begun to stock drones as part of their regular inventory, with models ranging in price from the low hundreds to thousands of dollars. Unfortunately, many retailers do not inform customers of the legal requirements associated with owning and operating a drone in Canada. You will not see any notices around the sales displays or general requirement for sales staff to inform the public prior to purchase. This can create a situation where a purchaser invests thousands of dollars in a drone without knowing or being told they may not be able to use it. What may be surprising to some consumers is that there are very stringent laws surrounding the ownership and operation of drones. Similar to a motor vehicle, a drone must be registered when purchased and the operator must be licensed. These facts, however, are not common knowledge, leading many Canadian’s to unknowingly break the law. Prior to purchasing a drone, it is important to understand all of the legalities surrounding ownership and operation. Registration As of June 1, 2019, all drones that are operational and weigh between 250 grams and less than 25 kilograms must be registered with Transportation Canada through the Drone Management Portal. Drones that weigh less than 250 grams do not need to be registered and drones that weigh more than 25 kilograms do not need to be registered but do require a special flight operations certificate. Once a drone has been registered, the pilot must mark the drone with the registration number prior to taking flight. Licensing According to the Canadian government, a drone is considered

In recent years the Supreme Court of Canada has sent an important message in relation to sentencing for sexual offences against children: the sentences must increase. Over the years, the sentencing principles used to determine the appropriate sentence for those convicted of sexual offences against children have evolved significantly. With a much deeper understanding of the lifelong trauma caused by sexual abuse, courts across Canada have begun imposing more severe penalties on those convicted. As recently as 2010, those convicted of committing explicit sexual acts on children were regularly being sentenced to lower single digit prison sentences. To reflect the trauma caused by childhood sexual abuse, the Federal government has recently amended the Criminal Code to increase the maximum penalties for those convicted of certain sexual offences against children. The maximum penalty for sexual interference for example, has increased to fourteen years in prison. In 2019, the Supreme Court of Canada released its decision in R. v. Freisen, a case involving a man charged with sexual interference after having explicit sexual contact with his intimate partner’s young daughter. The accused was sentenced to 6 years in prison at trial, but the sentenced was reduced to 4.5 years on appeal. After hearing the case the Supreme Court restored the 6-year sentence, arguing that the trial court had imposed the correct sentence. The Supreme Court went on to justify the decision by pointing out that the maximum penalty for sexual interference had increased and therefore the average sentence should increase as well. The Court argued that the appropriate sentence for an individual convicted of sexual interference of this nature is an upper single digit to lower double digit prison sentence. As directed by the Supreme Court, the

A Prohibition Order, as outlined in section 161 of the Criminal Code, is an order placed on individuals convicted of certain designated sexual offences involving persons under the age of 16. Designated sexual offences include (among others) child pornography offences, invitation to sexual touching, sexual interference, incest, making sexually explicit material available to a child, sexual assault with a weapon, threats to a third party or causing bodily harm, and sexual assault. What does a Prohibition Order Prohibit? When an offender is convicted of a designated sexual offence, the sentencing court may order the offender to refrain from: Attending public parks or swimming areas where persons under the age of 16 are present or can reasonably be expected to be present, daycare centres, schoolgrounds, playgrounds or community centres; Being within two kilometers, or any other distance specified in the order, of any dwelling-house where the victim identified in the order ordinarily resides or of any other place specified in the order; Seeking, obtaining or continuing any employment whether or not the employment is renumerated, or becoming or being a volunteer in a capacity, that involves being in a position or trust or authority towards a person under the age of 16 years; Having any contact – including communicating by any means – with a person who is under the age of 16, unless the offender does so under the supervision of a person whom the court considers appropriate; or Using the Internet or other digital network unless the offender does so in accordance with conditions set out by the court. What Happens if I Breach the Order? An individual who breaches a section 161 order may be charged under section 161(4) of the Code with

In 2011, the federal government enacted a piece of legislation called An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service. The Act sets out various reporting duties and other regulations that apply to Internet service providers who become aware of child pornography offences. Duty to Report Internet Address Section 2 of the Act stipulates that if a person is advised, in the course of providing Internet service to the public, of an Internet Protocol (IP) address or a Uniform Resource Locator where child pornography material may be available to the public, the person must report the IP address or Uniform Resource Locator to law enforcement officials. The Act does not authorize Internet providers to seek out child pornography material. Duty to Notify Police Officer Section 3 of the Act creates a duty to notify an officer, constable or another person employed for the perseveration and maintenance of the public peace, where a person providing Internet services has reasonable grounds to believe their service is being used to commit a child pornography offence. Preservation of Computer Data Section 4 of the Act creates a duty to preserve all related computer data in the Internet providers possession for a period of 21 days after a notification is made to an officer constable or another person employed for the perseveration and maintenance of the public peace. No Disclosure Section 5 of the Act stipulates that an individual must not disclose that they have made a report under section 2 of the Act or a notification under section 3 of the Act, or disclose the contents of the report or notification, if the disclosure could prejudice a criminal investigation, whether or

Sentencing for Possession and Make Available 2 years, 9 months make available (concurrent with 1 year on possession) 381 images/1,007 videos (at the time, the largest video collection reported in Ottawa region), very late guilty plea (eve of trial), horrific imagery. R v Bock, 2010 ONSC 3117 (CanLII) , per Henderson J.: Exceptionally large collection of videos, very late guilty plea, horrific imagery (including babies and young toddlers), the pictures and videos involved almost every imaginable sexual act: para 17. The Judge distinguishes between sentences that were imposed for simple possession of child pornography as opposed to making available child pornography.  In light of that distinction reviews 6 Ontario cases ranging between 2007 and 2009.  In 2 of the cases reviewed (Vasic, Connor), the sentence follows a conviction at trial, not an early guilty plea. Sentencing judge distinguishes between sentences that were imposed for simple possession of child pornography as opposed to making available child pornography.  According to the sentencing judge, the latter offence should generally result in a more significant sentence.  In many cases, as in the present case, an offender is convicted of both making available and possession.  In cases, where the offender is convicted of both making available and possession, making available offence attracts the longer sentence.  The possession offence is usually served concurrently with the making available sentence: at para. 44. 18 months + 3 years probation Possession/making available, 5116 images/973 videos, guilty plea, content of collection fell on extreme end of spectrum, possible risk offender would pursuing child pornography again (para. 8), insight and co-operation with police. In R. v. Barmashi, [2016] O.J. No. 621, ( per Justice McWatt) the accused pled guilty to possession and making available.  He had