FIRST OFFENDER? DEFEND CHILD PORNOGRAPHY CHARGES IN OSHAWA. 416-DEFENCE.
The number of child pornography incidents continues to increase across Canada year after year. In 2013, Durham’s Internet Child Exploitation Unit investigated a total of 121 incidents. By 2014, that number increased to 149. The number rose again in 2015 to 202. Oshawa is as well impacted by the increasing number of child pornography incidences occurring each year. This is likely due to the increasing use of technology and the fact that new generations are beginning to use technology at younger ages. As well, new smartphone and web applications allow numerous different ways to communicate anonymously with other people. Each time these new applications are created, the number of child pornography charges in Oshawa simultaneously increases.
The Oshawa courthouse is located at 150 Bond Street East in Oshawa, Ontario. The Oshawa courthouse is formally called the Durham Region Courthouse. The Ontario Court of Justice in Oshawa for Youths and Adults can be reached at 905-743-2640. The Superior Court of Justice in Oshawa can be reached at 905-743-2630. The Crown Attorney for the Oshawa courthouse can be contacted at 905-743-2700.
Child pornography charges are prosecuted very aggressively in Oshawa, the Crown will seek specific restrictions with respect to children. A publication ban may be an option and should be discussed with a lawyer.
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.
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.
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.
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
How is Child Pornography Defined?
Is there a Difference between Making and Distributing Child Pornography?
Is there a Difference between Possessing and Accessing Child Pornography?
How is Child Pornography Evidence Obtained?
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
How is Child Pornography Defined?
There are five different types of child pornography in Oshawa that are set out by section 163.1(1) of the Criminal Code.
1) The first definition of child pornography in the Criminal Code is a visual representation that either depicts some as being younger than eighteen years old or features someone younger than eighteen years old engaging in sexual activity.
2) The second definition of child pornography in the Criminal Code is a visual representation that has a dominant characteristic of that contains a depiction of a sexual organ or the anal region of a person younger than eighteen years old for a sexual purpose. A sexual organ has been interpreted by the courts to include breasts. The anal region has been incorporated to include the buttocks.
3) The third definition of child pornography in the Criminal Code is written material that either advocates or counsels sexual activity with an individual younger than eighteen years old. The courts. Have interpreted “person” to include imaginary human beings. As well, courts may assess the apparent age of the individual when there is a lack of extrinsic proof of expert evidence or age of the individual depicted. The name of a child pornography file will not add to the determination of the age of the individual depicted in the material in the file, as file names are often frequently mislabeled.
4) The fourth definition of child pornography in the Criminal Code includes written material that has a dominant characteristic for a sexual purpose that describes sexual activity with an individual under eighteen years of age.
5) The final definition of child pornography in the Criminal Code encompasses audio recordings that have a dominant characteristic of the representation, description, or presentation of sexual activity with someone under eighteen years of age for a sexual purpose.
Is There a Difference Between Making and Distributing Child Pornography?
The offence of making child pornography is described in section 163.1(2) of the Criminal Code. In order to be charged with this offence, the Oshawa Crown must establish that the accused possesses, publishes, prints, or makes child pornography for the purpose of publication. This requires that the accused create novel child pornography that is different from already existent child pornography materials. On the other hand, the offence of distributing child pornography is described in section 163.1(3) of the Criminal Code. This offence requires that the accused exports, imports, advertises, sells, distributes, makes available, or transmits child pornography for the purpose of exportation, advertising, distribution, making available, or transmission. The main difference between these two offences is the act of creating child pornography. If the accused does not make child pornography but shares files that are child pornographic in nature, they will likely be charged with the offence of distributing child pornography. If the accused creates a new instance of child pornography and shares it, they will likely be charged with the offense of making child pornography.
Is There a Difference Between Possessing and Accessing Child Pornography?
The offence of possessing child pornography is defined in section 163.1(4) of the Criminal Code. In order to be charged with this offence, the accused must possess text, images, or videos that are child pornographic in nature. The offence of accessing child pornography is defined in section 163.1(4.1) of the Criminal Code. To be charged with this offence, the accused must obtain access to child pornography materials that are child pornographic in nature. The accused must either know or be wilfully blind to the nature of the materials they are accessing. The main difference between these two offences is the act of possessing the child pornography data files. If there is possession in some way, the accused will likely be found guiltily of possession of child pornography. If the accused simply views the text, images, or videos, this will be sufficient for the offence of accessing child pornography.
How is Child Pornography Evidence Obtained?
The majority of child pornography evidence in Oshawa is obtained through digital evidence. Computers and their associated services are capable of retaining evidence of how they are being used. Even computer-savvy offenders often do not have the expertise nor foresight to mask their online tracks, leaving a host of incriminating digital evidence. The most obvious source of digital evidence is images downloaded on to a computer’s hard drive. For example, a web browser’s history entries will show an accused’s online activity, and chat logs and email will show online communication with potential victims. A computer’s modem also logs and records when a computer was connected to the Internet. However, seizure of this digital evidence often requires judicial authorization and the use of specialized experts.
Another source of digital evidence is hand-held devices or smartphones. These devices may be used to access or possess child pornography through downloads or web access, or they may be used to make and distribute child pornography though using digital cameras attached to these devices. These devices may contain incriminating digital records which are stored on their memory cards. As is necessary for most seizure of computer-related evidence, seizure of this digital evidence often requires judicial authorization and the use of specialized experts.
IP addresses can also be used to identify those who access, possess, make, and distribute child pornography. FTP and web servers used to upload and download electronic files contain logs that record a users’ IP addresses, what files were accessed, and when they were accessed. Similarly, email servers retain logs of customer use. Local area network servers may be used to store collections of pornography for personal use.
