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Over the last decade in Canada, there has been a 233% jump in total police reported child pornography incidents. Statistics Canada has also stated that from 2008 to 2016, there was a Canada-wide 41% increase in child pornography incidents, with a total of 6,245 police reported child pornography incidents in 2016. The growth of the internet has led to an increase in the volume and extent of child pornography both nationally, and in Barrie, Ontario. A province-wide child-exploitation sweep in 2018 resulted in 122 persons charged on 551 offences. Five Simcoe County residents were among those charged, with one individual from Barrie who was charged with four counts of possession of child pornography, two counts of making child pornography available, and one count of distributing child pornography. In 2019, another individual from Barrie was arrested and charged with accessing child pornography, possession of child pornography, distributing child pornography, and making child pornography.
If you are charged with child pornography in Barrie, you will have restrictions related to children and internet access. Given the smaller community, child pornography charges may be reported more often in local media, an option to consider is a publication ban in certain circumstances.
The Barrie Courthouse is located at 75 Mulcaster Street in Barrie, Ontario. The Ontario Court of Justice for youths and adults, and the Superior Court of Justice in Barrie can be reached at 705-739-6111. The Crown Attorney for Barrie can be reached at 705-739-6188 by phone or 705-739-6551 by fax.
The Firm has defended a number of High Profile Child Pornography allegations where Microsoft, Google and Twitter have sent cyber tips to the National Child Exploitation Coordination Centre (NCECC) located in the United States, which have ultimately been used as a basis for Production Orders from Rogers Communication and Bell by Toronto, Halton and Peel Police. In the Firm’s R. v. J.A. [2017], Ontario Police ICE Unit received a Cyber Tip from the National Child Exploitation Coordination Centre (NCECC) and the FBI, who received a complaint from the National Centre for Missing and Exploited Children (NCMEC), located in the United States. Ultimately the Firm secured a withdrawal of both Possession and Distribution of Child Pornography in Guelph. The Firm also defends a number of offenders caught on the Darknet, including where offenders attempt to use anonymous file sharing software, private networks or Tor Browser to avoid detection, such as its R. v. J.T. [2019].
Click here for more information on new changes to child sex offence sentencing and for more information on other consequences associated with a child pornography conviction. For more details on the laws about reporting child pornography and new changes to sex offence laws in 2021 click on the links above.
For more information on child pornography offences, click here. Our firm also conducts in-house child pornography forensics in Toronto to assist with your relevant defences. For information on our forensics practice, click here.
CBC Radio: International Crime and Cyber Attacks.
Toronto Star: Pornhub and Revenge Porn.
Toronto Star: New Corporate Liability for Child Pornography in Canada.
Toronto Star: Police Power and Social Media Companies.
Global News: Can an airline tell you to stop recording and delete a cellphone video?
Métro Montréal: Avec le temps chaud, il n’y a pas que le mercure qui grimpe: le nombre de cas de voyeurisme aussi.
VICE News: An Image Site is Victimizing Women and Little Can be Done.
Legal Information
Frequently Asked Questions
What is Child Pornography?
What are the Different Child Pornography Offences an Individual can be Charged with?
What are the Penalties for the Different Child Pornography Offences?
Do Individuals Found Guilty of a Child Pornography Offence have to go on the Sex Offender Registry?
Why is it Important to seek Legal Counsel in Barrie for Child Pornography Charges?
Additional Resources
Assault
Assaulting a Peace Officer
Child Pornography Forensics
Children’s Aid Society
Sexual Assault Law in Canada
Sex Offender Prohibition Orders
Consequences of a Criminal Record
Domestic Abuse
First Offenders
Immigration Consequences
Keeping Charges Private
Travel & US Waivers
Vulnerable Sector Screening
Elements of a Crime
Your Rights
What is Child Pornography?
The Criminal Code defines what child pornography means for individuals in Barrie. Child pornography can be a photo, video, film, or any visual representation that portrays a person who either is, or is depicted as, being under eighteen years and is engaged in or depicted as engaging in sexual activity. As well, any photo, video, film, or visual representation that depicts, for a sexual purpose, a sexual organ or anal region of a person younger than eighteen years of age is also considered child pornography. Counselling or advocating sexual activity with an individual aged zero to seventeen in the form of written materials, visual representations, or audio recordings is also considered child pornography under the Criminal Code. In addition to this, any written material that has a dominant characteristic, for a sexual purpose, of the description of sexual activity with a person under eighteen years is an offence. Finally, any audio recording which has its dominant characteristic the representation, presentation, or description, for a sexual purpose, of sexual activity with a person younger than eighteen years is an offence under the Criminal Code.
What are the Different Child Pornography Offences an Individual can be Charged With?
The Criminal Code sets out the following four offences:
Making Child Pornography – Section 163.1(2)
The Criminal Code explains that any person who makes, possesses, publishes, or prints any materials for the purpose of publication of child pornography is guilty of an indictable offence. The Barrie Crown must be able to show that the accused themselves did this act and that the accused either knew or was wilfully blind of the materials that they were making, possessing, publishing, or printing.
Making Child Pornography Available (Distributing) – Section 163.1(3)
Any person who makes available, sells, transmits, distributes, advertises, exports, imports, or possesses for the purpose of making available, sale, transmission, distribution, advertising, or exporting of any child pornography is guilty of an indictable offence. The Barrie Crown must be able to prove that the material in fact was child pornography, that the material was made available or actually distributed by the accused, and that the accused intended to make the child pornography materials accessible to others.
Possession of Child Pornography – Section 163.1(4)
Possession of child pornography requires that the accused actually possessed texts, images, or videos that were child pornographic in nature. The Barrie Crown must be able to prove the identity of the accused, the jurisdiction in which the offence occurred, and the date and time of the incident.
Accessing Child Pornography – Section 163.1(4.1)
The Criminal Code states that a person accesses child pornography when they knowingly cause child pornography to be viewed by, or transmitted to, himself or herself. The Barrie Crown must be able to show that the accused obtained access to the materials, that the materials the accused accessed were child pornographic in nature, and that the accused knew or was wilfully blind to the child pornographic nature of the materials.
What are the Penalties for the Different Child Pornography Offences?
The Criminal Code sets out the subsequent penalties for making, making available, possession, and accessing child pornography offences:
Making Child Pornography – Section 163.1(2)
An individual in Barrie found guilty of making child pornography is guilty of an indictable offence, and subsequently liable to imprisonment for a term not exceeding 14 years. The individual will be liable for a minimum punishment of imprisonment for one year.
Making Child Pornography Available (Distributing) – Section 163.1(3)
An individual in Barrie found guilty of making child pornography available is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of one year.
Possession of Child Pornography – Section 163.1(4)
An individual in Barrie found guilty of possession of child pornography can be found guilty of either an indictable or summary conviction offence. If the accused is found guilty of an indictable offence, they are liable to an imprisonment term that does not exceed 10 years and to a minimum punishment that does not exceed one year of imprisonment. If the accused is found guilty of a summary conviction, they are liable to imprisonment for a term no longer than two years less a day and to a minimum punishment of imprisonment for a term of 6 months.
Accessing Child Pornography – Section 163.1(4.1)
A Barrie individual found guilty of accessing of child pornography can be found guilty of either an indictable or summary conviction offence. If the accused is found guilty of an indictable offence, they are liable to an imprisonment term no longer than 10 years and to a minimum punishment of imprisonment no longer than one year. If tried by summary conviction and found guilty of the offence, an individual who accesses child pornography is liable to an imprisonment term not exceeding two years less a day and to a minimum punishment of an imprisonment term not exceeding 6 months.
Do Individuals Found Guilty of a Child Pornography Offence Have to go on the Sex Offender Registry?
Any individual in Barrie who is convicted of a sexual offence, including a child pornography offence, is required by a mandatory order to comply with the Sex Offender Information Registration Act. This means that the individual’s name and other personal information will be placed on the Ontario National Sex Offender Registry. There are numerous consequences that may arise from this, such as difficulties gaining meaningful employment and a decrease in quality of life.
Why is it Important to Seek Counsel in Barrie Child Pornography Charges?
There are ways to defend yourself against a child pornography charge in Barrie. However, it may be time consuming and difficult to do this on your own. There may be considerable litigation, and you will need to be able to interpret and apply defences that are available to you. For child pornography allegations in Barrie, our team will ensure that we investigate all possible defences to ensure a favourable outcome. As well, we will ensure that the police used investigative and evidence collection techniques that were in accordance with judicial authorization and all applicable laws. Our Firm will also frequently partner with computer analysts to ensure we fully understand your case and can defend you in the best way possible.