FIRST OFFENDER? DEFEND CHILD PORNOGRAPHY CHARGES IN MISSISSAUGA. 416-DEFENCE.
Over the last decade, there has been a 233% jump in total child pornography incidents nationwide. Statistics Canada reported that from 2008 to 2016, there was a Canada-wide 41% increase in child pornography incidents, with a total of 6,245 incidents in 2016. Milton, Ontario is no exception to this trend. In 2016, a Milton teacher faced multiple charges for accessing and possessing child pornography. In 2018, an individual from Milton was charged with multiple child pornography related offences after Halton Regional Police Service’s Internet Child Exploitation Unit participated in a province-wide initiative focussed on protecting children from sexual abuse and exploitation on the internet.
The Milton Courthouse is located at 491 Steeles Avenue East in Milton, Ontario. The Superior Court of Justice for youths and adults and the Ontario Court of Justice for Milton can be reached at 905-878-4165. The Crown Attorney for the Milton Courthouse can be contacted at 905-878-7291 by telephone or 905-693-3036 by fax.
If you are charged with posession of child pornography in Milton, the Crown will seek specific prohibition orders restricting your internet access. There is a strong public interest in reporting child pornography charges in local media, a publication ban which protects certain evidence may be an option.
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 is Luring a Child?
What are they Types of Child Pornography Charges?
What Aggravating Factors are Relevant to Child Pornography Cases?
What Mitigating Factors are Relevant in Child Pornography Cases?
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?
Broadly speaking, child pornography in Mississaiga is defined by the Criminal Code as any video, film, photo, or other visual representation that displays an individual who either is, or is depicted as, being aged zero to seventeen and is engaged, or is depicted as engaging in, explicit sexual activity. As well, child pornography can be any video, film, photo, or other visual representation which has a dominant characteristic of depicting a sexual organ or the anal region of a person aged zero to seventeen for a sexual purpose.
The Criminal Code also highlights that audio recordings, visual representations, or written materials that advocate or counsel one to engage in sexual activity with a minor under eighteen years of age is an offence in Mississaiga. Additionally, written material that has a dominant characteristic of describing sexual activity with a minor for a sexual purpose is also considered an offence by the Criminal Code.
What is Luring a Child?
Section 172.1 of the Criminal Code describes that luring a child is a criminal offence in Mississaiga. An individual will be considered to be luring a child if they, by means of telecommunications, communicate with:
1) A person who is, or the individual believes to be, aged zero to seventeen for the purpose of enabling commission of incest, a prostitution-related offence, child pornography, sexual exploitation, procuring sexual activity, or invitation to sexual touching, with respect to the individual they are communicating with,
2) A person who is, or the individual believes to be, aged zero to fifteen, for the purpose of enabling commission of bestiality in the presence of or by a child, indecent acts, invitation to sexual touching, sexual interference, sexual assault, aggravated sexual assault, sexual assault with a weapon or causing bodily harm, or abduction of a person aged zero to fifteen, with respect to the individual they are communicating with, or
3) A person who is, or the individual believes to be, aged zero to thirteen, for the purpose of enabling the commission of abducting the person aged zero to thirteen.
What are the Types of Child Pornography Offences?
There are four types of child pornography offences in Mississaiga:
1) Making child pornography: this occurs when an individual prints, makes, possess or publishes material for the purpose of creating child pornography.
2) Distribution of child pornography: this offence applies to an individual who makes available, transmits, sells, distributes, advertises, exports, imports, or possesses materials for the purpose of making available, transmission, sale, distribution, advertising, or exportation of any child pornography materials.
3) Possessing child pornography: this offence applies to an individual who has possession of child pornography materials in some way. This offence often occurs by downloading files onto one’s computer.
4) Accessing child pornography: this offence applies to an individual who intentionally views materials that are considered child pornography.
What Aggravating Factors are Considered in Child Pornography Sentencing?
An aggravating factor is facts or circumstances that may contribute to an accused facing a harsher sentence. Aggravating factors that are considered for child pornography sentencing in Mississaiga include:
– Whether the child pornography materials were shown to a child
– Signs of distribution or production of child pornography
– When the victim is a part of the accused’s family
– When the victim is a part of a vulnerable group
– If the accused abused a position of trust (such as if they were a coach or teacher)
– The age of the children depicted in the child pornography, with younger children leading to a harsher sentence
– Related criminal conduct
– Evidence eluding to the fact that the accused may have paedophilic tendencies or a diagnosis of paedophilia
– Whether the child pornography materials were shared with a public area of the internet
– Whether the child pornography materials were posted in a way that would make it likely that an individual not looking for child pornographic materials would come across it
– How intrusive and repulsive the sexual acts depicted in the child pornography materials are
– The level of sophistication of the child pornography collection of the offender
– The manner that the accused obtained the child pornography materials
What Mitigating Factors are Considered in Child Pornography Sentencing?
Mitigating factors are facts or circumstances that the defence may use to support a more lenient sentence. Mitigating factors that are considered for child pornography sentencing in Mississaiga include:
– How old the offender is, with an older age leading to less harsh of a sentence
– Whether the accused has demonstrated that they have true remorse for their crime
– If the accused entered into a guilty plea
– If the accused has already suffered for their crime, examples being the accused has already served some time in jail
– Whether the accused shows insight into the problem of child pornography
– Whether the accused can present that they have otherwise good character
– If the accused is willing to undergo treatment or counselling, or if they have already done this
