FIRST OFFENDER? DEFEND CHILD PORNOGRAPHY CHARGES IN PERTH. 1-866-DEFENCE.
Over the last decade in Canada, police have seen a 233% jump in the total number of child pornography incidents. Statistics Canada has 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. Perth, Ontario has been no exception to the overall increase in reported child pornography incidents. In 2011, an online undercover investigation by the Perth Police Department and the Electronic Crimes Section of the Ontario Provincial Police Child Sexual Exploitation Unit lead to a Perth woman facing multiple child pornography charges. The Perth woman was charged with possessing child pornography, making available child pornography, and accessing child pornography. In 2015, the Ontario Provincial Police conducted a two-month investigation which led to the arrest of a man in Perth, Ontario. He was charged with making child pornography, possessing child pornography, and distributing child pornography
The Perth Courthouse is located at 43 Drummond Street East in Perth, Ontario. The Superior Court of Justice and the Ontario Court of Justice for Perth can be reached at 613-267-2021. The Crown Attorney for the Perth Courthouse can be contacted at 613-264-1900.
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].
Perth is a smaller community in Ontario which has a dedicated OPP police force to investigate online child sexual abuse. If you are charged, the court will impose orders restricting contact with children. Local media may also be more likely to cover child pornography investigations, so a publication ban may help protect certain evidence during the proceeding.
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?
How are Child Pornography Offences Proved in Court?
Why is it Difficult to Prove Child Pornography Cases?
Is it important to get Legal Advice when being Investigated in Perth?
Additional Resources
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What is Child Pornography?
It is not uncommon for individuals in Perth to have a misunderstanding surrounding what is considered child pornography. Section 163.1(1) of the Criminal Code defines what child pornography means for individuals in Perth, Ontario. There are four categories which the Criminal Code explains are considered to be child pornography in Canadian law:
Section 163.1(1)(a) explains child pornography to be either a photo, film, video, or other visual representation that shows a person who either is, or is depicted to be, under eighteen years old and is engaged in, or is depicted as, engaging in explicit sexual activity. Section 163.1(a) also states that either a photo, film, video, or other visual representation which has a dominant characteristic of depicting a sexual organ or the anal region of a person under the age of eighteen years for a sexual purpose is also considered child pornography under the Criminal Code.
Section 161.1(1)(b) describes how child pornography may be any visual representation, audio recording, or written materials that counsels or advocates sexual activity with a person aged zero to seventeen.
Other instances where written materials may be considered child pornography can be found in section 161.1(1)(c). The section explains that written materials which have a dominant characteristic which is the description, for a sexual purpose, of sexual activity with an individual under eighteen years is an offence enumerated in the Criminal Code.
Finally, section 163.1(1)(d) of the Criminal Code explains that any audio recording that has a dominant characteristic of description, presentation, or representation of sexual activity with a person aged zero to seventeen for a sexual purpose is considered to be child pornography.
How is the Offence of Child Pornography Proved?
Making, distributing, possessing, and accessing child pornography in Perth are separate offences with different corresponding sentences. Therefore, different elements must be proven for the various offences.
In order for the Crown to prove making of child pornography in Perth, they must prove:
(1) the identity of accused,
(2) the time and date of the incident,
(3) the jurisdiction of the alleged offence (including the province and region),
(4) the accused themselves did the act of making, printing, publishing, or possessing for the purpose of publishing materials,
(5) the accused specifically intended to perform the impugned act,
(6) the photo, film, video, other visual representation, written material, or audio recording was child pornography, and
(7) the accused knew or was wilfully blind to the materials being child pornographic.
In order for the Crown to prove distribution of child pornography in Perth, they must prove:
(1) the identity of accused,
(2) the time and date of the incident,
(3) the jurisdiction of the alleged offence (including the province and region),
(4) the photo, film, video, other visual representation, written material, or audio recording was child pornography,
(5) that the child pornography was actually made available by the accused (made available) or actually distributed by the accused, and
(6) that the accused had intended to make child pornography available to others.
In order for the Crown to prove possession of child pornography in Perth, they must prove:
(1) the identity of accused,
(2) the time and date of the incident,
(3) the jurisdiction of the alleged offence (including the province and region),
(4) the accused possessed photo, film, video, other visual representation, written material, or audio recording, and
(5) the images, videos or texts were child pornographic.
In order for the Crown to prove access of child pornography in Perth, they must prove:
(1) the identity of accused,
(2) the time and date of the incident,
(3) the jurisdiction of the alleged offence (including the province and region),
(4) the accused obtained access to photos, film, videos, other visual representations, written materials, or audio recordings, either through a computer or otherwise,
(5) the materials accessed were child pornographic, and
(6) the accused knew or was wilfully blind to the nature of the materials.
Why is it Difficult to Solve Child Pornography Cases?
Child pornography cases across Canada and within Perth are becoming increasingly difficult to solve due to constantly evolving internet technologies. Going through the stages of detecting, tracking down, and then proving that the file is child pornography can be very difficult and time consuming for police officers. A single case of child pornography in Perth can take approximately 200 hours to investigate. Reviewing the evidence, which may consist of thousands of files, often encompasses of the majority of time spent on the case. As well, the internet technologies that make it difficult to detect child pornography offenders in Perth also make it difficult to prove the allegations of child pornography in court. A Statistics Canada report in 2007 noted that less than 40% of sexual exploitation of children cases resulted in a conviction, exemplifying the challenges in prosecuting these cases.
Why is it Important to Seek Counsel in Perth Child Pornography Charges?
The Criminal Code and the common law provide defences for child pornography charges in Perth. However, the litigation that frequently surrounds the interpretation and application of the defences available for child pornography charges may be both challenging and time consuming. For child pornography allegations in Perth, our team will canvass all possible areas to increase the probability of a successful 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 critically analyze these techniques and ensure that all evidence was obtained with prior judicial authorization, often partnering with forensic computer analysts to best represent our clients.