Donich Law - Jordan Donich - Courtroom Sketch

Child Pornography Forensics

To combat this increase in cybercrime, law enforcement agencies have begun using sophisticated technology themselves. Utilizing highly sophisticated AI technology, law enforcement agencies are now able to get around Tor browsers, identify individuals using cryptocurrency to by illegal material online, and track down individuals generating AI created child pornography.

Due to the sophisticated nature of cybercrime investigations, such cases can be difficult both to defend and to prosecute, often becoming highly technical. Donich Law has more than a decade of experience defending child pornography offences, luring offences, and other types of cybercrime.

We conduct in-house forensic analysis of computers, smartphones, tablets and any other electronic device seized by law enforcement. With a background in cybersecurity, Donich Law is uniquely positioned to assist clients charged with complex cybercrimes. The Firm regularly reviews police investigative techniques, which often involve sophisticated and confidential methods, to ensure they do violate the rights of the accused.

Donich Law has handled some of the most complicated child pornography investigations in Ontario and are one of the few firms to have successfully defended clients charged in large scale international police projects. The Firm has successfully defeated charges stemming from international investigations initiated by social media companies including but not limited to Instagram, Facebook, X, Kik, Skype, Apple, Mega and BitTorrent.

When reviewing evidence collected by the police and extracted from an accused’s device, Donich Law typically obtains a court order to take a system image of the device and copy all the data. The Firm then reverse engineers the investigative process to ensure the information corresponds to the information that was provided by police in the information to obtain for the warrant to search. The Firm also contracts retired Internet Child Exploitation (ICE) officers for expert opinions.  

The Firm also provides their own independent categorization reports of the material seized by law enforcement to ensure the reports produced by police are accurate. This is particularly helpful during sentencing in child pornography cases to ensure the Crown does not provide the court with inflated numbers, to ensure duplicates are not counted, and to ensure material is properly categorized on the Oliver scale.

In 2024, the Firm secured the withdrawal of distribution of child pornography charges in the case of R. v. C.S. [2024]. The Firm litigated the matter for almost three years before achieving this result. The client was found to be in possession of approximately 40,000 videos and images of child exploitation material. Law enforcement conducted an investigation using BitTorrent and discovered that the client had been downloading child pornography material for a significant amount of time. The Firm challenged the validity the software used by law enforcement through internal forensic review.

Internet Child Exploitation is a Global Problem

Donich Law - International Child Pornography Investigations we have Defended

In 2022, the Firm represented an individual charged with seven child pornography offences including possession of child pornography, making child pornography and distributing child pornography in R. v. E.Z. [2022]. The accused, a second time offender, was arrested after trading child pornography material online with an undercover police officer. After searching the accused’s devices, police discovered a significant amount of child pornography. The Crown sought a seven year term of imprisonment upon conviction due to the nature of the child pornography material and the client’s prior record. The Firm conducted forensic analysis of the devices seized by law enforcement uncovering an error in the information to obtain for the warrant to search and launched a section 8 Charter challenge.  The challenge caused the Crown to significantly alter their position on sentence and withdraw five of the most serious offences.

In the 2020 case of R. v. M.C. [2020], the Firm secured the withdrawal of a distribution of child pornography offences. After reviewing a system image of the devices seized by the police, the Firm was able to prove that the accused had been unaware of the downloads. Evidence of malware originating from Russia was found on the accused’s computer, which ultimately led to the child pornography material being downloaded without the accused’s knowledge.

Online Sex Offence are on the Rise in Canada

In 2020, the Firm successfully represented a client charged with two counts of making child pornography, two counts of possession of child pornography, and two count of voyeurism in R. v. A.B. [2020]. The Firm litigated the matter for two years, ultimately proving it was not the accused who had created the child pornography images and that the material did not meet the definition of child pornography. The charges against the accused were withdrawn as a result.

Law Newbie is a free AI research assistant that can help you safely answer questions about criminal law.

Learn More

Frequently Asked Questions

How do Law Enforcement Investigate Cybercrime?

Law enforcement agencies all over the world have a whole host of confidential technology they utilize on a daily basis to track down and apprehend those committing online crimes. In many cases, investigations into cybercrimes like child pornography offences involve law enforcement agencies from multiple different cities or countries.

It is common in child pornography investigations for the original report of potential criminal activity to have originated outside of Canada. Since child pornography offences can be considered borderless crimes, when one law enforcement agency is investigating cybercrime, the often find offenders in other parts of the world. When this happens, the local agency will contact the country in which the suspect is located, pass along the information they have uncovered, the leave it to the country the suspect resides in to investigate further.

For example, police in New Zealand are investigating an online platform that hosts child pornography material. During their investigation, they uncover the identities of individuals engaging with the platform who reside in Canada. One such individual lives in Barrie Ontario. The New Zealand police will then report the matter to Canada’s National Child Exploitation Crime Centre (NCECC) which is a part of the RCMP. The NCECC will then pass along the information to the Barrie Police Service who will investigate. If their investigation uncovers sufficient evidence, the suspect will be arrested and charged.

Do Social Media Website Report their Users for Illegal Activity? 

Yes. It is common for those charged with child pornography to have been turned into police by a social media company. Social media companies have policies on the material that can be legally hosted on their platforms. When a social media company becomes aware that one of their users is engaging with illegal material on their platform, they will typically report it to law enforcement.

For example, an individual who is sharing child pornography material on Instagram may be reported to police by Instagram if Instagram discovered the activity. Once a report is made, the police will use the information from the social media company to obtain a production order to get the users identity.

What are Common Cyberattacks?

Cyberattacks from hackers are becoming more and more common in 2026. With technology becoming more advanced, so too are hackers. Some of the most common types of cyberattacks include brute force attacks, phishing attacks, and distributed denial-of service DDoS attacks. 

Brute Force Attacks

Brute force attacks use trial and error to attempt to guess the correct password for a network. Hackers may use software to try different passwords in a systematic way until the correct password is uncovered.

Phishing Attacks

Phishing attacks are commonly used and require the target to click on something, often an email or other link. The attacks utilize links that re-direct to dummy websites, requiring the user to enter their credentials. Once the user clicks and enters their credentials, the hacker has their information and can access their data. Some more sophisticated hackers use what is known as spear-phishing, which targets a specific individual. For example, a paralegal at a law firm will receive an email purporting to be from their boss, asking them to do something. The hacker will then leverage the paralegals trust to carry out their attack.

Distributed Denial-of Service (DDoS) Attacks

A DDoS attack involves flooding a network with an overwhelming amount of traffic, causing the network to crash and become inoperable. Hackers will deploy a zombie army of infected computers known as botnet who will then flood the targets network causing its infrastructure to fail.

What is Malware?

Malware is malicious code that can be planted into one’s computer or server with the intent of attacking the system. Malware is typically downloaded through software that is designed to take control of a computer, render a computer inoperable, or acquire some sort of confidential information.

Spyware

Spyware is malware used to track the user’s data. Spyware is used to copy data and details from a user’s device that can then be used. For example, hackers may download spyware in a person’s computer to get access to their banking details.

Rootkits

A rootkit is a form of malicious software that is designed to provide unauthorized access to a network or computer. Rootkits are installed in the operating system of a device, making them difficult to detect.

Viruses and Worms

A virus is a type of computer program which can replicate by modifying other software. When files compromised with a virus are transferred, the virus can spread to other computers. The primary function of a worm is to self-replicate and infect other computers on the network. Unlike viruses, worms are unable to spread without the original infected file.

Ransomware

Ransomware is used to extort money from people, often businesses or organizations. Hackers will install ransomware on critical infrastructure or data in an organization, rendering it inoperable. The hackers will then extort the organization to, demanding money in return for the data.

Trojans

A trojan is a form of malicious code that is designed to grant a hacker access to a targeted device. Trojans are typically designed to look like a legitimate program but once downloaded give the hackers access to the computer. Once installed, the hacker can monitor the user’s computer, silently watching everything they do on the device.

Donich Law - In the News
Donich Law - In the News - Media Logos

Breakfast Television

Mental Health Concerns in the Justice System.

CP24

The Difference between Criminal and Civil Liability.

CTV News National

The Rise of Gun Violence in Toronto.

Global News

New Changes to Pardons in Canada.

About the Author

Jordan Donich Profile Photo

Jordan Donich

Jordan Donich has been a Lawyer for over 10 years and is a trusted legal analyst by Canadian Media. He is as a leader in Canada’s tech sector for lawyers and developer of Law Newbie. Jordan is a Black Belt with the Japan Karate Association and trained in Krav Maga. He won a Gold Medal at 2004 Canadian National Championships and was published in the National Newspaper Awards.

Jordan has been featured in Forbes, Canadian Lawyer and is a member of DMZ Angels in Toronto.