Frequently Asked Questions
How Does the Crown Prove Their Case in Pickering?
In order to prove any case, the Crown must prove the identity of the accused, the date and time of the incident, as well as the jurisdiction of where the offence happened. To prove an offender made child pornography, the Crown must prove that the accused actually made, print, published or possessed for the purpose of publishing, the incriminating material. The accused had to have intent and specifically intended to commit the act, and the accused knew or was willfully blind to the materials being child pornography.
To prove an accused did distribute child pornography, in addition to proving the identity, time, and jurisdiction, the Crown must prove that the material was child pornography defined by the law, and that the material was made available (make available) or distributed by the accused. In addition, the Crown must prove intent; that the accused did intent to share child pornography.
To prove an accused did possess child pornography, the Crown must prove that the accused knowingly possessed child pornography. In addition, the material must be proven to be child pornography.
To prove an accused did access child pornography, the Crown must prove that the accused knowingly access child pornography, or was wilfully blind to the fact that the material was child pornography.
What Evidence is Commonly Tendered in Child Pornography Cases in Ajax?
According to the principles of fundamental justice, the defence has the right to disclosure from the Crown. This ensures that the defence can give a full response at the time of the trial. The main piece of evidence in a child pornography case is often the forensic extraction report. Once the police seize the accused’s devices, a copy of the files will be downloaded. Forensic analysists will then inspect the files for child pornography material as well as to determine how much material was in the device. They will then make a report on how much content there was and to what category of depravity the subject material included. This is a highly technical process, and technical computer data often can prove it was the accused interacting with or making this material.
The Officer in Charge (OIC) of the case will provide evidence as well and may testify at trial. These officers may present forensic evidence or provide information regarding how they discovered the criminal activity or detained the person. In addition, search warrants and production orders are tendered as evidence as part of disclosure. These documents may be subject to scrutiny by the defence, as challenging these documents may come into play during trial.
Will I Be Held for Bail if I am Charged with Child Pornography in Cobourg?
The chances are very high for an accused to be held for bail in child pornography cases; only in rare cases are there exceptions. In R. v. Antic, the court described the ladder principle, for which alternative forms of release should be in accordance with. The principle states that release is preferred at the earliest possible opportunity and on the least onerous of conditions.
The release conditions with child pornography are very strict due to the gravitas of the offence. The accused cannot have a cell phone, and their internet access will be limited. Whether or not bail is denied is sometimes dependent on the Crown’s consent to release. If the Crown deems the accused too dangerous, the accused may be denied bail.
Will I Require a Surety in Durham?
Yes, child pornography cases almost always require a surety. After being released on bail, the accused will sometimes be required to move in with someone who can monitor them for good behaviour. This is called a residential surety.
The surety ensures the accused does not violate any bail conditions. The surety may also facilitate exceptions of the bail for the accused. For example, an internet ban may be varied to allow supervised internet access. The surety in the case will be the supervisor. Bail conditions may also restrict access to children; however, if the accused has children of their own, the Court may rule that they may see their children under the surety’s supervision.
Will People Find Out About My Charge?
Journalists are free to report on crime. The news and the media may take special interest in child pornography cases if the person is in a position of trust or authority or a public figure. Due to the international nature of the crime, many child pornography cases are charged during large scale police operations. A lot of information may be given to the media in press releases. Small towns may also pay more attention to these cases due to the community impact.
Operation H was one of the largest international online child sexual abuse investigations. Beginning in New Zealand, the Te Tari Taiwhenua Department of Internal Affairs (DIA), the RCMP’s National Child Exploitation Crime Centre (NCECC) and local Canadian Internet Child Exploitation (ICE) units collaborated together to rescue a dozen children. Nearly 50 people in Canada were charged with child pornography related offences.
It is possible that people will find out about the charge. The Court is a public forum, and the public is free to attend. Hiring counsel is a good way to help remain anonymous, as the accused may have counsel attend court on their behalf. In addition, the counsel can also advocate for the accused in getting a section 517(1) publication ban. This ban ensures that any details about the accused’s matter will not be released until the matter has finished.