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GUELPH CHILD PORNOGRAPHY LAWYER

The Guelph Courthouse is located at 36 Wyndham Street South in Guelph, Ontario. The Guelph Courthouse is located at the intersection of Wyndham Street South and Fountain Street in downtown Guelph. This courthouse serves the areas of both Guelph and Wellington County. The Ontario Court of Justice for youth and adults in Guelph can be reached at 519-826-4431. If you are looking for information about a future court appearance in Guelph, that information may be located here.

Child pornography is a serious offence that significantly impacts its victims. Statistics Canada has reported a 233% increase in child pornography incidents over the last decade. This trend is likely owing to the spread of child pornography materials over the internet as internet technologies have evolved over the last decade. Guelph, Ontario has been no exception to this increase in child pornography incidents. In 2018, five Guelph residents were charged with child pornography related offences after an Ontario-wide child pornography investigation led to charges against 122 people. The offences that the Guelph residents were charged with included making child pornography, possession of child pornography, making child pornography available, and accessing child pornography. In March 2019, a tip coming from the United States led to charges against a man in Guelph, Ontario. A number of electronic devices were seized from the individual, leading to the accused facing three child pornography charges. In April 2019, the Guelph police laid charges against a 58-year-old man in Guelph after carrying out a search warrant. The individual was charged with distributing child pornography, possessing child pornography, and accessing child pornography.

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].

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.

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.

CityNews: As the temperatures outside get warmer, police say the reported number of cases of voyeurism tend to rise.

VICE News: An Image Site is Victimizing Women and Little Can be Done.

Frequently Asked Questions

What is Child Pornography?
What are the Different Child Pornography Offences?
What does “Explicit Sexual Activity” Mean?
What does “Person Under the Age of 18 ” Mean?
What does “Dominant Characteristic” Mean?
What does “Sexual Purpose” Mean?
What is a Publication Ban?

Additional Resources

Consequences of a Criminal Record
Child Pornography Forensics
Immigration Consequences
Keeping Charges Private
Travel & US Waivers

What is Child Pornography?

Section 163.1(1) of the Criminal Code defines five types of child pornography that an individual can be charged with in Guelph. The first type of child pornography defined is a visual representation which shows a person who either is, or is depicted as, being younger that eighteen years of age and is either engaging in, or is depicted as engaging in, sexual activity. The second type of child pornography is visual representations that have a dominant characteristic of depiction of the anal region or a sexual organ of a person younger than eighteen years of age for a sexual purpose. The third type of child pornography defined by the Criminal Code is written materials that advocate or counsel sexual activity with a person younger than eighteen years of age. The fourth definition of child pornography in the Criminal Code is written material containing a dominant characteristic of description, for a sexual purpose, of sexual activity with a person younger than eighteen years of age. The final definition of child pornography in the Criminal Code is audio recordings that have a dominant characteristic of representation, presentation, or description of sexual activity with a person younger than eighteen years of age for a sexual purpose.

What are the Different Child Pornography Offences?

The Criminal Code describes four different child pornography offences. The first is making child pornography. In order to be found guilty of this offence, the Guelph Crown must prove that the accused made child pornography materials that differ from other already existent child pornography materials. The second offence is making available, or distributing, child pornography. In order to be convicted of making available child pornography, the Guelph Crown will have to prove that the accused actually made available or distributed child pornographic materials and that they intended to do this. Third, the Criminal Code explains the offence of possessing child pornography. To be charged with this offence, the Guelph Crown must be able to show that the accused possessed texts, images, or videos, and that these materials were in fact child pornography. Lastly, the Criminal Code describes the offence of accessing child pornography. To be found guilty of accessing child pornography, the Guelph Crown must prove that the individual accessed child pornography materials and that the accused either knew that these materials were child pornography, or they were wilfully blind to the content of the materials.

What Does “Explicit Sexual Activity” Mean?

Section 163.1 of the Criminal Code frequently mentions the phrase “explicit sexual activity”. This does not include simple nudity. Rather, explicit sexual activity suggests acts which, when viewed in an objective manner, fall closer to the extreme end of the spectrum of what is constituted as sexual activity. These may be acts that involve intimate sexual activity which is represented in an unambiguous and graphic fashion with individuals younger, or depicted as younger, than eighteen years of age. This term does not encompass contact such as kissing, hugging, or touching, since these are not intimate sexual activity.

What Does “Persons Under the Age of 18” Mean?

This phrasing appears in section 163.1 of the Criminal Code. The term “persons” has been interpreted to include imaginary or fictional human beings. If the age of an individual appearing in speculated child pornography is not clear, the judge should not speculate or guess the age of the individual. This is frequently because assessing the age of adolescents can be a difficult task. The physical characteristics of an individual is also not determinative of their age. Instead, a judge may assess the apparent age of an individual by using the facts of the case.

What Does “Dominant Characteristic” Mean?

The phrase “dominant characteristic” appears in the Criminal Code in section 163.1. A court will take an objective approach to considering the dominant characteristic of alleged child pornography materials. The dominant characteristic of a text, image, or video can be influence by the contextual aspects of the material. If the context of materials eludes to a non-sexual purpose, such as a photo of a child bathing in a photo album, this will be considered by the sentencing judge. Factors that are likely to be considered when determining the dominant characteristic of an alleged child pornography material include posing of the individual in a way that has a sexual connotation to it or captions on the alleged child pornography materials that create a sexual meaning. One way to determine the dominant characteristic of a material is to ask whether a reasonable viewer who is looking at the material objectively and in context would interpret the dominant characteristic of the material to be of a sexual purpose.

What Does “Sexual Purpose” Mean?

The phrasing “sexual purpose” also appears in section 163.1 of the Criminal Code. To determine the sexual purpose of an alleged child pornography material, a court should take an objective approach. If it can be reasonably perceived that the alleged child pornography materials were indented to cause sexual stimulation to some viewers, the material will likely be interpreted to have a sexual purpose. It is not necessary that the alleged child pornography materials contain an “extreme” sexual purpose.

What is a Publication Ban?

A publication ban is an order made by the court which prevents anyone from sending, broadcasting, or publishing any information that could identify a witness, victim, or other person who participates in the criminal justice system. A publication ban is intended to permit witnesses, victims, and others to participate in the justice system without having to suffer from the negative consequences that may result from their name or personal information being sent, broadcasted, or published.

There are several types of publication bans they may be ordered through the Criminal Code. The most common for child pornography offences are bans under sections 486.4(1), 486.4(2) and 486.4(3). Under section 486.4(1) the Guelph court may choose to make an order where any information that can identify a complainant or witness cannot be transmitted, published, or broadcast for any sexual offences. Under section 486.4(2), any complainant or witness who is younger than eighteen years of age must be made aware of their right to make an application for the order of a publication ban. If a complainant or witness who is younger than eighteen years of age requests a publication ban, the judge must make the order. For charges under section 163.1 of the Criminal Code, the court must make a publication ban for any person who is the subject of child pornography materials.

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