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ST. CATHARINES CHILD PORNOGRAPHY LAWYER

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 for the eighth consecutive year. As a result, there were 17 incidents of police-reported child pornography per 100,000 population in 2016. This increase in the number of police reported child pornography incidents is also reflected in St. Catharines. In 2018, a St. Catharines resident was charged with possession and making of child pornography. In 2019, the Niagara Regional Police Service Internet Child Exploitation commenced an investigation into the sexual exploitation of children. This resulted in the arrest of a St. Catharines man for making, possessing, and accessing child pornography. Individuals crossing the Canada – United States border near St. Catharines risk being searched for child pornography materials on their electronic devices. In April 2019, a B.C. truck driver was found guilty of crossing the border with obscene material on his phone.

The St. Catharines Courthouse is located at 59 Church Street in St. Catharines, Ontario. The Superior Court of Justice for youths and adults and the Ontario Court of Justice for St. Catharines can be reached at 905-988-6200. The Crown Attorney for the St. Catharines Courthouse can be contacted at 905-685-4293. Information about upcoming court appearances in St. Catharines can be located here.

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 makes Child Pornography an Offence?
Can Written Materials be classified as Child Pornography? 
What are Aggravating Factors in Child Pornography Sentencing?
What are Mitigating Factors for Child Pornography Sentencing?
How is Child Pornography Categorized?

Additional Resources

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

What is Child Pornography?

Child pornography is an offence enumerated in the Criminal Code because of the societal interest to protect children from the numerous harms associated with child pornography. Child pornography materials both dehumanize and significantly harm children. There are often life-long consequences for individuals who are victimized by child pornography. The children who do appear in child pornography materials are re-victimized each time the materials are viewed, downloaded, and shared. There is a judicially recognized link between inhibitions of sexual abuse of children and viewing child pornography materials.

Can Written Materials be Child Pornography?

Simply put, written materials are constituted as child pornography in the Criminal Code. Section 163.1(1)(b) of the Criminal Code describes that any written material (or audio recording or visual representation) that either counsel or advocates sexual activity with a person between the ages of zero and seventeen is an offence in Canada. As well, section 163.1(c) explains that any written material that contains a dominant characteristic of describing, for a sexual purpose, sexual activity with a person between the ages of zero and seventeen is also an offence in Canada. In order for written materials to be considered child pornography in St. Catharines, they must contain either encouragement or active inducements of sexual activity with a person between the ages of zero to seventeen. This may be either implicit or explicit from the narrative contained in the written materials.

What are Aggravating Factors for Child Pornography Sentencing?

Some of the aggravating factors that are considered by a judge for child pornography sentencing in St. Catharines include:

– if child pornography materials were distributed or shown to an individual younger than eighteen years old.

– the volume of videos, images, or texts collected by the accused.

– how sophisticated the child pornography collection is.

– if the accused distributed texts, images, or videos to a public area of the internet or in a way where they may be accidentally accessed by an individual not searching for this content.

– if the accused is responsible for the making of the child pornography.

– if the accused makes child pornography with individuals who are members of their own family or individuals who belong to a vulnerable group.

– if the accused abused a position of trust (e.g. a teacher or social worker) to gain access to victims.

– the age of the children depicted in the child pornography materials.

– the degree of repulsivity and intrusion of the sexual acts depicted in the child pornography materials.

– whether the materials were downloaded or purchased.

– signs that the accused potentially distributed or produced child pornography materials.

– the accused’s related criminal record.

– evidence that the accused has a diagnosis of pedophilia or has pedophilia inclinations.

What are Mitigating Factors for Child Pornography Sentencing?

Some of the mitigating factors that are considered by a judge for child pornography sentencing in St. Catharines include:

– a young age of the accused.

– otherwise good character exhibited by the accused.

– the extent to which the accused has demonstrated insight into their problem.

– the extent to which the accused has demonstrated genuine remorse.

– whether or not the accused is willing to complete treatment or counselling.

– whether or not the accused already has undergone treatment or counselling.

– the presence of a guilty plea by the accused.

– if the accused has already suffered for their crime.

How is Child Pornography Categorized?

There are five categories that depictions of child pornography may fall under. From least serious to most serious, these categories are:

1) photos that depict erotic posing, but include no sexual activity;

2) sexual activity between individuals who are between the ages of zero to seventeen;

3) sexual activity that does not contain explicit sexual acts between an individual aged eighteen and older and an individual younger than eighteen years;

4) sexual activity that does contain explicit sexual acts between an individual aged eighteen and older and an individual younger than eighteen years; and

5) bestiality or sadism.

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