FIRST OFFENDER? DEFEND CHILD PORNOGRAPHY CHARGES IN PEMBROKE. 1-866-DEFENCE.
The sheer volume of child pornography incidents continues to increase year after year in Canada. Statistics Canada reported a 41% increase in child pornography incidents from 2015 to 2016, and a 233% increase in child pornography incidents from 2006 to 2016. As well in 2016, the number and rate of child pornography incidents reported to police increased for the eighth consecutive year. As a result, there were 17 incidents of police-reported child pornography per 100,000 population in 2016. The increase in the number of police reported child pornography incidents is also reflected in Pembroke. In 2016, the Ontario Provincial Police charged a 19-year-old from Pembroke with making and possessing child pornography. In 2017, the Ontario Provincial Police Child Sexual Exploitation Unit arrested and charged a Pembroke man following a six-week child pornography investigation. The individual was charged with distributing, possession, and accessing child pornography.
If you are charged with a child sex offence, such as accessing child pornography or distribution, the court will likely impose prohibition orders restricting contact with children or internet use. Pembroke is a small town and may be more likely to report child sex offences in local media, a publication ban may be an option to protect certain evidence heard in court.
The Pembroke courthouse is located at 297 Pembroke Street East in Pembroke, Ontario. The Pembroke courthouse is formally called the Renfrew County Courthouse. The Ontario Court of Justice for youths and adults, and the Superior Court of Justice in Pembroke can be reached at 613-732-8581. The Crown Attorney for Pembroke can be contacted at 613-732-2261 by phone or 613-735-2843 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 the Definition of Child Pornography?
What Does “Sexual Purpose” Mean?
What Does “Dominant Characteristic” Mean?
How are Child Pornography Materials Classified?
Is it important to get Legal Advice when being Investigated in Pembroke?
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?
There are five types of child pornography in Pembroke which are set out by section 163.1(1) of the Criminal Code. These five types of child pornography in Pembroke are:
163.1(1)(a)(i): A visual representation that displays an individual who is depicted as or actually is younger than eighteen years old and is depicted as or actually is engaging in sexual activity.
163.1(1)(a)(iii): A visual representation that has a dominant characteristic of depicting, for a sexual purpose, a sexual organ or anal region of a person who is younger than eighteen years old.
163.1(1)(b): Any written material which counsels or advocates sexual activity with a person who is younger than eighteen years old.
163.1(1)(c): Any written material that has a dominant characteristic of describing, for sexual purposes, sexual activity with a person who is younger than eighteen years old.
161.1(1)(d): An audio recording which contains a dominant characteristic of presentation, representation, or description, for a sexual purpose, of sexual activity with a person who is younger than eighteen years old.
What Does “Sexual Purpose” Mean?
The terminology of “sexual purpose” appears in section 163.1(1) of the Criminal Code. A court may determine the “sexual purpose” of an image, text, video, or recording by looking to whether it could be reasonably perceived that the intended purpose of the child pornography materials was to cause sexual stimulation to some viewers of the material. It is not necessary that there be any “extreme” sexual purpose in the materials. “Sexual organ” has been interpreted to include bare breasts, and “anal region” has been interpreted to include the buttocks.
What Does “Dominant Characteristic” Mean?
The term “dominant characteristic” appears in section 163.1(1) of the Criminal Code. One way to determine the dominant characteristic of an image, audio recording, video, or written material is to look at the context of the image. An image of an infant bathing in a bathtub in a family scrapbook is likely to be treated different by the court than the same image located in a collection of sexual materials. Images of clothed children can as well have a dominant characteristic for a sexual purpose when there is a “dominant prurient purpose”. A court is most likely to take an objective approach to determining the “dominant characteristic” of a supposed child pornography material. Therefore, how the possessor subjectively believes the material to be portrayed will not be a factor considered by the court.
How are Child Pornography Materials Classified?
There are five categories that depictions of child pornography can be categorized in to. The following five categories range from least serious to most serious:
1) depictions of erotic posing containing no sexual activity in an image
2) depictions of sexual activity between individuals aged zero to seventeen, or solo masturbation by an individual aged zero to seventeen
3) depictions of non-penetrative sexual activity between adults and individuals aged zero to seventeen
4) depictions of penetrative sexual activity between adults and individuals aged zero to seventeen
5) depictions of bestiality or sadism
Why is it Important to Seek Counsel in Pembroke Child Pornography Charges?
Statutory and common law defences are available to individuals charged with child pornography offences in Pembroke. However, understanding, interpreting, and applying these defences may be extremely difficult to do. As well, considerable time must be dedicated to pre-trial matters, pre-trial hearings, and trial litigation. For child pornography allegations in Pembroke, our team will canvass all possible defences available to you in order to increase your probability of a successful and favourable outcome. In order for the police to charge an individual with this offence, they often use a host of sophisticated investigative techniques. Our team will also critically analyze the investigative techniques used by the police to charge you with an offence and ensure that all evidence was obtained with prior judicial authorization, often partnering with forensic computer analysts to best represent our clients.